{"id":"alj-H104644-2025-01-14","awcc_number":"H104644","decision_date":"2025-01-14","opinion_type":"alj","claimant_name":"Ruth Hatcher","employer_name":"Walmart Associates","title":"HATCHER VS. WALMART ASSOCIATES AWCC# H104644 January 14, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":["neck","back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HATCHER_RUTH_H104644_20250114.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HATCHER_RUTH_H104644_20250114.pdf","text_length":2998,"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 SERVICE, Carrier/TPA     RESPONDENT \n \n \n OPINION FILED JANUARY 14, 2025  \n \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 \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn April 19, 2023, the claimant filed an AR-C requesting various compensation benefits \nin  which  she  alleged  injuries  to  her  neck  and  back  on  or  about  April  22,  2021.  The  claim  was \ncontroverted  in  its  entirety.  No  further  action  was  taken.  The  respondents  filed  a  Motion  to \nDismiss on October 23, 2023, and a hearing was scheduled for February 20, 2024. Although the \nclaimant did not attend the hearing, she did reach out to my office and informed the Commission \nthat  she  would  like  to  go  forward  with  her  claim  and  requested  a  hearing.  On  March  12,  2024, \nthis administrative law judge entered an opinion denying the respondents Motion to Dismiss. The \nparties attempted settlement, but negotiations fell through, and no further action was taken by the \nclaimant. \n\nHatcher – H104644 \n \n-2- \n On October  22,  2024,  the  respondents  filed  another Motion  to  Dismiss  requesting  that \nthis  claim  be  dismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for January  7,  2025. \nNotice  of  that  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on \nNovember 25, 2024. United States Postal Department records indicate that claimant received and \nsigned  for  the  notice  on December  4,  2024.  Despite  having  received  notice  of  the  scheduled \nhearing,  the  claimant  failed  to  appear  at  the  hearing  and  has  failed  to  respond  to  the  motion  in \nany form or manner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \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      ___________________________________ \n       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 SERVICE, Carrier/TPA RESPONDENT OPINION FILED JANUARY 14, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, Arkansas. C...","fetched_at":"2026-05-19T22:44:15.667Z","links":{"html":"/opinions/alj-H104644-2025-01-14","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HATCHER_RUTH_H104644_20250114.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}