{"id":"alj-H002608-2024-09-10","awcc_number":"H002608","decision_date":"2024-09-10","opinion_type":"alj","claimant_name":"Melissa Mills","employer_name":"Mhm Support Services","title":"MILLS VS. MHM SUPPORT SERVICES AWCC# H002608 September 10, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MILLS_MELISSA_H002608_20240910.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MILLS_MELISSA_H002608_20240910.pdf","text_length":2599,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H002608 \n \nMELISSA MILLS, Employee      CLAIMANT \n \nMHM SUPPORT SERVICES, Employer     RESPONDENT \n \nMERCY HEALTH, Carrier/TPA      RESPONDENT \n \n \n OPINION FILED SEPTEMBER 10, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in  Fort  Smith, \nSebastian County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by RANDY P. MURPHY, Attorney at Law, Little Rock Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn October  20,  2022,  the  claimant  filed  an  AR-C  requesting  various  compensation \nbenefits  in  which she alleged she  contracted  COVID on  March  27,  2020,  arising  out  of  her \nemployment. The claim was controverted in its entirety. \nOn September 6, 2022, the claimant requested a hearing, and the file was assigned to the \nLegal  Advisor  Division  for  a  conference,    but  a  conference  was  never  held  due  to  lack  of \nresponse by the claimant. No further action was taken. \n On May 28, 2024, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was scheduled for August 15, 2024. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  July  3,  2024. \nUnited States Postal Department records indicate that claimant received and signed for the notice \n\nMills – H002608 \n \n-2- \non July 11, 2024. Despite having received notice of the scheduled hearing, the claimant failed to \nappear at the hearing and has failed to respond to the motion in any form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H002608 MELISSA MILLS, Employee CLAIMANT MHM SUPPORT SERVICES, Employer RESPONDENT MERCY HEALTH, Carrier/TPA RESPONDENT OPINION FILED SEPTEMBER 10, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Cla...","fetched_at":"2026-05-19T22:48:42.331Z","links":{"html":"/opinions/alj-H002608-2024-09-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/MILLS_MELISSA_H002608_20240910.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}