{"id":"alj-H008478-2023-08-29","awcc_number":"H008478","decision_date":"2023-08-29","opinion_type":"alj","claimant_name":"Gayesandra Thompson","employer_name":"First Security Bancorp","title":"THOMPSON VS. FIRST SECURITY BANCORP AWCC# H008478 & H009740 AUGUST 29, 2023","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:2"],"injury_keywords":["neck","shoulder"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/THOMPSON_GAYESANDRA_H008478_H009740_20230829.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"THOMPSON_GAYESANDRA_H008478_H009740_20230829.pdf","text_length":2783,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H008378 & H009740 \n \nGAYESANDRA THOMPSON (Dec’d),  EMPLOYEE        CLAIMANT \n \nFIRST SECURITY BANCORP, EMPLOYER                RESPONDENT  \n \nTRAVELERS INDEMNITY COMPANY OF AMERICA,  \nCARRIER/TPA                  RESPONDENT  \n       \nOPINION FILED AUGUST 29, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on August  29, 2023. \n \nClaimant is deceased and Pro Se. \n \nRespondents  are  represented  by  Mr.  Guy  Alton  Wade,  Attorney-at-Law,  of  Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on August 29, 2023, in Little Rock, \nArkansas,  on  respondents’  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation  Act,  and  further  that  it  had  been  determined  that  the  claimant  was \ndeceased.    The  claimant  lost  her  life  in  a  matter  not  related  to  her claimed  workers’ \ncompensation  injury.  The  claimant  had  originally  filed  two  (2)  separate  claims  and \ncontended she sustained a work-related injury to her neck, left shoulder and whole body \non August 4, 2020, filing a Form C on or about November 30, 2020, and also claimed a \nwork-related  bilateral  carpal  tunnel.    The  claimant  was  originally  represented  by  the \nRainwater Firm which was allowed to withdraw by an Order of the Full Commission dated \nJune 20, 2023.  The respondents filed a Motion to Dismiss by letter dated June 22, 2023, \n\nTHOMPSON – H008378 & H009740 \n \n2 \n \ncontending that the matter should be dismissed for lack of prosecution, and no response \nwas filed.     \nA hearing was set for August 29, 2023, in regard to the Motion to Dismiss.  No one \nappeared on behalf of the claimant after proper notice.  At the time of the hearing, Guy \nWade appeared on behalf of the respondents and asked that the matter be dismissed for \nlack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondents’ \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice pursuant to Ark. \nCode Ann. § 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act at \nthis time.   \nIT IS SO ORDERED: \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H008378 & H009740 GAYESANDRA THOMPSON (Dec’d), EMPLOYEE CLAIMANT FIRST SECURITY BANCORP, EMPLOYER RESPONDENT TRAVELERS INDEMNITY COMPANY OF AMERICA, CARRIER/TPA RESPONDENT OPINION FILED AUGUST 29, 2023 Hearing before Administrative Law Judge James D. Kenned...","fetched_at":"2026-05-19T23:04:32.978Z","links":{"html":"/opinions/alj-H008478-2023-08-29","pdf":"https://labor.arkansas.gov/wp-content/uploads/THOMPSON_GAYESANDRA_H008478_H009740_20230829.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}