{"id":"alj-H103280-2023-01-24","awcc_number":"H103280","decision_date":"2023-01-24","opinion_type":"alj","claimant_name":"Sharon Bowles","employer_name":"Saint Jean Industries","title":"BOWLES VS. SAINT JEAN INDUSTRIES AWCC# H103280 JANUARY 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//BOWLES_SHARON_H103280_20230124.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BOWLES_SHARON_H103280_20230124.pdf","text_length":2681,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H103280 \n \nSHARON BOWLES, EMPLOYEE       CLAIMANT \n \nSAINT JEAN INDUSTRIES, \nEMPLOYER               RESPONDENT  \n \nAMERISURE MUTUAL INSURANCE,  \nCARRIER/TPA             RESPONDENT    \n         \nOPINION FILED JANUARY 24, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on January 17, 2023. \n \nClaimant  is  represented  by  Mr.  Kenneth  A.  Olsen,  Attorney-at-Law,  of  Bryant, \nArkansas. \n \nRespondents are represented by Ms. Karen H. McKinney, Attorney-at-Law,  of  Little \nRock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on January17, 2023, in Little Rock, \nArkansas,  on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nRule  099.13  of  the  Arkansas  Workers’  Compensation  Act  and  also  Ark. Code  Ann.  \n§ 11-9-702.  The claimant, through her attorney, waived her right of appearance by an \nemail the morning of the hearing and announced that there was no objection to the matter \nbeing dismissed without prejudice.  The claimant filed her prehearing questionnaire on \nJanuary  4,  2022,    and  prior  to  the  prehearing  conference  retained  an  attorney.        The \nrespondent requested a copy of the claimant’s medical on or about July 27, 2022, and \nwas advised that the attorney for the claimant had not received any as of that date.  The \nrespondents, who initially accepted the claim, filed a Motion to Dismiss on October 22, \n\nBOWLES – H103280 \n \n2 \n \n2022,  contending  that  the  claimant  had  failed  to  prosecute  her  claim  and  had  not \nrequested a hearing within the last six (6) months. \nThe respondent filed its Motion to Dismiss and a hearing was  held in Little Rock \non January 17, 2023.  The claimant waived her right of appearance as stated above and \nfurther stated by email that there was no objection to the matter being dismissed without \nprejudice. \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 respondent’s \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 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 at this time. The \nfile is incorporated by reference in this matter.  \nIT IS SO ORDERED: \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H103280 SHARON BOWLES, EMPLOYEE CLAIMANT SAINT JEAN INDUSTRIES, EMPLOYER RESPONDENT AMERISURE MUTUAL INSURANCE, CARRIER/TPA RESPONDENT OPINION FILED JANUARY 24, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Ar...","fetched_at":"2026-05-19T23:11:44.215Z","links":{"html":"/opinions/alj-H103280-2023-01-24","pdf":"https://labor.arkansas.gov/wp-content/uploads//BOWLES_SHARON_H103280_20230124.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}