{"id":"alj-H006320-2024-05-14","awcc_number":"H006320","decision_date":"2024-05-14","opinion_type":"alj","claimant_name":"Mary Bryan","employer_name":null,"title":"BRYAN VS. DES ARC ELEMENTARYAWCC# H006320May 14, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["knee","fracture"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BRYAN_MARY_H006320_20240514.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRYAN_MARY_H006320_20240514.pdf","text_length":2946,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H006320 \n \nMARY R. BRYAN, EMPLOYEE      CLAIMANT \n \nDES ARC ELEMENTARY, EMPLOYER     RESPONDENT \n \nARKANSAS SCHOOL BOARD ASSOC, CARRIER/TPA  RESPONDENT \n            \n \n \nOPINION FILED MAY 14, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on May 14, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Melissa Wood, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on May 14, 2024, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act.  The claimant was originally represented by Shannon Muse Carrol, \nwho was allowed to withdraw as counsel by an Order of the Full Commission dated \n\nAugust 9, 2022.  At the time of the above hearing, the claimant was pro se and failed to \nappear for the hearing.  The Claimant had filed a Form AR – C on June 22, 2021, \ncontending that she slipped and fell while standing in water and that she injured her left \nknee on August 25, 2020.  The First Report of Injury in regard to this claim had been \npreviously filed on September 3, 2020, and provided that the claimant had slipped and \nfell which resulted in a fracture of the left knee.  The Form AR- 2 filed on September 10, \n2020, provided that the date of the first compensation check was September 10, 2020, \nin the amount of $1393.40.   \nA Request to Dismiss the Claim was filed on March 11, 2024, requesting that the \nmatter be dismissed for lack of prosecution.  The claimant has not requested a hearing \nto date and more than six months have passed since the filing of the original claim nor \nis there any record of her contacting the Commission after the date her attorney was \nallowed to withdraw.   \n Appropriate notice was provided to the claimant notifying her that a hearing on \nthe Motion to Dismiss was set for May 14, 2024, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the \nhearing, Melissa Wood appeared on behalf of the Respondents and asked that the \nmatter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, I find that this matter should be dismissed without prejudice, for failure \nto prosecute pursuant to A.C.A. 11-9-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Act. \n\nORDER \n Pursuant to the above statement of the case, there is no alternative but to \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H006320 MARY R. BRYAN, EMPLOYEE CLAIMANT DES ARC ELEMENTARY, EMPLOYER RESPONDENT ARKANSAS SCHOOL BOARD ASSOC, CARRIER/TPA RESPONDENT OPINION FILED MAY 14, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on May 14, 2024...","fetched_at":"2026-05-19T22:54:10.179Z","links":{"html":"/opinions/alj-H006320-2024-05-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BRYAN_MARY_H006320_20240514.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}