{"id":"alj-H104644-2024-03-12","awcc_number":"H104644","decision_date":"2024-03-12","opinion_type":"alj","claimant_name":"Ruth Hatcher","employer_name":"Walmart Associates","title":"HATCHER VS. WALMART ASSOCIATES AWCC# H104644 MARCH 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:5","denied:1"],"injury_keywords":["neck"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HATCHER_RUTH_H104644_20240312.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HATCHER_RUTH_H104644_20240312.pdf","text_length":3003,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H104644 \n \nRUTH HATCHER, Employee      CLAIMANT \n \nWALMART ASSOCIATES, Employer     RESPONDENT \n \nWALMART CLAIMS SERVICES, Carrier/TPA   RESPONDENT \n \n \n OPINION FILED MARCH 12, 2024  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing \n \nRespondent represented by RICK BEHRING, JR., Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \nThis case comes on for review following a hearing on respondents’ Motion to Dismiss. \n On April 19, 2023, the claimant filed an AR-C requesting various compensation benefits, \nalleging injuries to her neck. No further action was taken on this claim. On October 23, 2023, the \nrespondents  filed  a  Motion  to  Dismiss  requesting  that  this  claim  be  dismissed  for  lack  of \nprosecution. A hearing was scheduled for January 16, 2024, and notice of the hearing was sent to \nthe claimant at her last known address by certified mail on December 4, 2023. That certified mail \nnotice was returned to the Commission by the Post Office with a notation “Return to Sender. \nVacant. Unable to Forward.” Due to inclement weather, the hearing was rescheduled to February \n20,  2024,  and  notice  of  the  rescheduled  hearing  was  sent  to  the  claimant  at  her  last  known \naddress  by  certified  mail  on  January  18,  2024.  Tracking  information  from  the  United  States \nPostal Service indicate that certified mail was picked up by an individual on February 7, 2024.  \n\nHatcher – H104644 \n \n The  claimant  did  not  attend  the  hearing.  However,  she  did  reach  out  to  my  office  by \nphone at  8:35  on  the  morning  of  the  hearing to  inform  the  Commission  that  she  would  not  be \nable to attend as she had only just recently learned that the hearing was scheduled for that day, \nFebruary  20,  2024.  The  claimant  indicated  she  did  want  to  go  forward  with  her  claim  and  that \nshe  had  unpaid  medical  bills  and  had  been  off  work  for  over  a  year. She  will  complete  the \ndiscovery previously sent to her by the respondents and will then request a hearing. \n From  a  review  of  the  record  as  a  whole,  to  include  all  matters  properly  before  the \nCommission,  and  having  had  an  opportunity  to  hear  the  statements  of  the  claimant  and  the \nrespondents, I find that the respondents’ Motion to Dismiss is denied at this time.  \nORDER \n Pursuant  to  the  above  statement  of  the  case,  I  hereby  deny  respondents’  Motion  to \nDismiss at this time. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H104644 RUTH HATCHER, Employee CLAIMANT WALMART ASSOCIATES, Employer RESPONDENT WALMART CLAIMS SERVICES, Carrier/TPA RESPONDENT OPINION FILED MARCH 12, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. Cl...","fetched_at":"2026-05-19T22:56:11.856Z","links":{"html":"/opinions/alj-H104644-2024-03-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/HATCHER_RUTH_H104644_20240312.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}