{"id":"alj-H009898-2023-01-24","awcc_number":"H009898","decision_date":"2023-01-24","opinion_type":"alj","claimant_name":"Maria Shell","employer_name":"Factory Connection, LLC","title":"SHELL VS. FACTORY CONNECTION, LLC AWCC# H009898 JANUARY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SHELL_MARIA_H009898_20230124.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHELL_MARIA_H009898_20230124.pdf","text_length":3650,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H009898 \n \nMARIA SHELL, EMPLOYEE          CLAIMANT \n \nFACTORY CONNECTION, LLC, EMPLOYER             RESPONDENT \n \nTRAVELERS PROPERTY AND CASUALTY  \nOF AMERICA, CARRIER/TPA           RESPONDENT \n           \nOPINION FILED JANUARY 24, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on January 18, 2023, in \nMountain Home, Baxter County, Arkansas. \n \nClaimant  is  represented  by  Mr.  Frederick S. “Rick”  Spencer,  Attorney-at-Law,  of \nMountain Home, Arkansas. \n \nRespondents are represented by their attorney, Mr. Brett Whitley, Attorney-at-Law, of \nLittle Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  January  18,  2023, in Mountain \nHome,  Arkansas, on  respondent’s  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.  Prior to the hearing, and  after a full hearing involving different parties, \nthe  Commission  asked  Attorney  Spencer  if  he  planned  to  appear  at  a  Motion  to  Dismiss \nhearing  when he had already notified the Commission that the claimant no longer wanted to \npursue her claim.  He was allowed to waive his appearance but requested he be contacted if \nthe claimant did in fact show up at the scheduled time for the hearing.  Minutes before the \nscheduled time of the hearing, the claimant appeared and Mr. Spencer was then contacted \nby cell phone.  Claimant’s attorney talked to the claimant by phone and then announced to \nthe  Commission  that  the  claimant  had  confirmed  that  she  no  longer  wished  to  pursue  her \nclaim and he was again allowed to waive his personal appearance.  The claimant was also \nplaced under oath and she confirmed that she did not wish to pursue her claim. The claimant \n\nfiled an Arkansas Form-C, which was dated May 4, 2021, contending she had injured her left \nfoot while handing hangers down to an associate.  The respondents filed an Arkansas Form \nAR-2 on or about December the 7\nth\n or 8\nth\n, 2020, where they claimed that there was no injury.  \nAfter various actions by the parties, a second request for dismissal of the claim was made by \nletter, which was filed with the Commission on October 12, 2022.  \nAn  appropriate  notice  setting  this  matter  for  a  hearing  for  a  Motion  to  Dismiss  on \nJanuary 18, 2023, was provided to the claimant by both Certified and First-Class mail.  The \nclaimant  responded  and  notified  the  Commission  that  she  no  longer  wished  to  pursue  her \nclaim by an email dated November 14, 2022.  She also appeared at the hearing as described \nabove.  At the time of the hearing, Brett Whitley appeared on behalf of the respondents and \nasked that the matter be dismissed for lack of prosecution. \n After  a  review  of  the  record  as  a  whole,  to  include  all  evidence  properly  before  the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent,  the  attorney  for  the  claimant,  and  statements  under  oath  by  the  claimant,  it  is \nfound that this matter should be dismissed for failure to prosecute pursuant to Ark. Code Ann. \n§   11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. \nORDER \n \n Pursuant to the above statement of the case, there is no alternative but to dismiss this \nclaim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H009898 MARIA SHELL, EMPLOYEE CLAIMANT FACTORY CONNECTION, LLC, EMPLOYER RESPONDENT TRAVELERS PROPERTY AND CASUALTY OF AMERICA, CARRIER/TPA RESPONDENT OPINION FILED JANUARY 24, 2023 Hearing before Administrative Law Judge James D. Kennedy on January 18, 202...","fetched_at":"2026-05-19T23:11:46.272Z","links":{"html":"/opinions/alj-H009898-2023-01-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/SHELL_MARIA_H009898_20230124.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}