{"id":"alj-H105127-2023-03-16","awcc_number":"H105127","decision_date":"2023-03-16","opinion_type":"alj","claimant_name":"Lindsey Covey","employer_name":"Mcdonald’s Restaurant","title":"COVEY VS. MCDONALD’S RESTAURANT AWCC# H105127 MARCH 16, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//COVEY_LINDSEY_H105127_20230316.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"COVEY_LINDSEY_H105127_20230316.pdf","text_length":2197,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H105127 \n \nLINDSEY COVEY, EMPLOYEE   CLAIMANT \n \nMCDONALD’S RESTAURANT, EMPLOYER RESPONDENT \n \nRISK MANAGEMENT RESOURCES, .INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED MARCH 16, 2023 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian \nCounty, Arkansas. \n \nClaimant represented by MICHAEL L. ELLIG, Attorney, Fort Smith. \n \nRespondents are represented CAROL LOCKARD WORLEY, Attorney, Little Rock, Arkansas. \n \nOPINION/ORDER \n \n On  June  9,  2022,  claimant  filed  Form  AR-C,  alleging  a  compensable  injury  on  June  14, \n2021.   Claimant was represented at the time by Michael L. Ellig, who remains her attorney of record.     \nOn December 9, 2022, respondent filed a Motion to Dismiss, alleging that it had been more \nthan six months since claimant filed her Form AR-C with the Commission, but she had not made a \nrequest for a hearing in that time.  Claimant’s attorney advised the Commission he had no objection \nto the Motion to Dismiss and would not attend the hearing.  A hearing on  respondent’s Motion to \nDismiss was scheduled for March 7, 2023. Notice of the scheduled hearing was sent to claimant by \ncertified mail at the last known address in the Commission’s file.  The notice was  delivered to claimant \non January 11, 2023.  Claimant did not respond to respondent’s motion and did not appear in person \nat the hearing on March 7, 2023.   \nI find it has been more than six months since prior to this hearing and that no request for a \nhearing has been made in this file. After my review of the respondent’s motion, the Claimant’s lack of \n\nCovey-H105127 \n \n2 \n \nresponse and failure to attend the hearing for the  respondent’s motion, as well as all other matters \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                   \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H105127 LINDSEY COVEY, EMPLOYEE CLAIMANT MCDONALD’S RESTAURANT, EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, .INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED MARCH 16, 2023 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Fort Smith, Sebastian ...","fetched_at":"2026-05-19T23:09:32.246Z","links":{"html":"/opinions/alj-H105127-2023-03-16","pdf":"https://labor.arkansas.gov/wp-content/uploads//COVEY_LINDSEY_H105127_20230316.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}