{"id":"alj-H101615-2023-02-28","awcc_number":"H101615","decision_date":"2023-02-28","opinion_type":"alj","claimant_name":"Patricia Goff","employer_name":"Searcy Healthcare, LLC","title":"GOFF VS. SEARCY HEALTHCARE, LLC AWCC# H101615 FEBRUARY 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4"],"injury_keywords":["neck","back","shoulder","wrist"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/GOFF_PATRICIA_H101615_20230228.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"GOFF_PATRICIA_H101615_20230228.pdf","text_length":2456,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H101615 \n \nPATRICIA GOFF, EMPLOYEE          CLAIMANT  \n \nSEARCY HEALTHCARE, LLC, EMPLOYER                  RESPONDENT \n \nZURICH AMERICAN INSURANCE COMPANY, CARRIER / \nTRISTAR RISK MANAGEMENT GROUP, TPA         RESPONDENT \n            \nOPINION FILED FEBRUARY 28, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on February 22, 2023, \nin Batesville, Independence County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents  are  represented  by  their  attorney,  Mr.  Joseph  H.  Purvis,  of  Little \nRock, Arkansas. \n \nOPINION \n \n A hearing was held in the above-styled matter on February 22, 2023, in Batesville, \nArkansas, 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.  The claimant failed to appear at the hearing.  The employer, Searcy \nHealthcare, LLC,  filed a First Report of Injury on February 11, 2021. The claimant filed \nan Arkansas Form-C on March 8, 2021, contending she had injured her neck, back, right \nshoulder, right wrist, and other parts of her body.  The respondents initially accepted the \ninjury to claimant’s right wrist and shoulder, as well as middle back.  The claimant was \noriginally represented by counsel, but counsel was allowed to withdraw by an Order dated \nOctober  25,  2022.  A  Motion  to  Dismiss  for  Failure  to  Prosecute  was  filed  by  the \nrespondents on or about September 28, 2022.  \n \n\nGOFF – H101615 \n \n2 \n \nAn appropriate notice setting this matter for a hearing on February 22, 2023, was \nprovided, and the claimant did not file an objection or appear at the hearing in Batesville, \nArkansas.   \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, I find that this matter should be dismissed for failure to prosecute pursuant \nto  Arkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim 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. H101615 PATRICIA GOFF, EMPLOYEE CLAIMANT SEARCY HEALTHCARE, LLC, EMPLOYER RESPONDENT ZURICH AMERICAN INSURANCE COMPANY, CARRIER / TRISTAR RISK MANAGEMENT GROUP, TPA RESPONDENT OPINION FILED FEBRUARY 28, 2023 Hearing before Administrative Law Judge James D. ...","fetched_at":"2026-05-19T23:10:47.657Z","links":{"html":"/opinions/alj-H101615-2023-02-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/GOFF_PATRICIA_H101615_20230228.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}