{"id":"alj-H106007-2025-09-30","awcc_number":"H106007","decision_date":"2025-09-30","opinion_type":"alj","claimant_name":"Evelyn Bruce","employer_name":"Area Agency On Aging Nw Ark","title":"BRUCE VS. AREA AGENCY ON AGING NW ARK. AWCC# H106007 September 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":["shoulder","knee","neck"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BRUCE_EVELYN_H106007_20250930.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BRUCE_EVELYN_H106007_20250930.pdf","text_length":2309,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H106007 \n \nEVELYN BRUCE, Employee CLAIMANT \n \nAREA AGENCY ON AGING NW ARK., Employer RESPONDENT \n  \nRISK MANAGEMENT RESOURCES, Carrier RESPONDENT \n \n OPINION/ORDER FILED SEPTEMBER 30, 2025  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Harrison, Boone \nCounty, Arkansas. \n \nClaimant represented  by FREDERICK  S.  SPENCER,  Attorney, Mountain Home,  Arkansas; \nalthough not present at hearing. \n \nRespondent represented by MELISSA WOOD, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn July  8,  2022, Rick  Spencer,  claimant’s  attorney,  filed a  Form AR-C  requesting \nvarious compensation benefits in which she alleged injuries to her right shoulder, right knee, and \nneck; however, no hearing was requested. No further action was taken in this claim. \nOn June 10, 2025, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed for lack of prosecution. A hearing was scheduled for August 28, 2025. Notice of that \nhearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on July  17,  2025. \nUnited States Postal Department records indicate that claimant received and signed for the notice \non July 22, 2025. \nMr. Spencer indicated by email dated July 17, 2025, that he would waive his appearance \nat  the  hearing  and  further  indicated  that he had  no  objection  to  the  Motion  to  Dismiss \n“WITHOUT prejudice.”    \n\nBruce – H106007 \n2 \n \nPursuant  to  11  CAR  §25-110(d)  (previously  codified  as  Commission  Rule  099.13),  the \nCommission may enter an order dismissing a claim for want of prosecution.  After my review of \nthe respondent’s Motion to Dismiss, Mr. Spencer’s response thereto that he had no objection to \nthe Motion to Dismiss without prejudice, and the claimant’s failure to appear at the scheduled \nhearing,  as  well  as  all  other  matters  properly  before  the  Commission,  I  find  that  claimant  has \nfailed to prosecute this claim. Therefore, this claim is dismissed without prejudice.   \n IT IS SO ORDERED. \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H106007 EVELYN BRUCE, Employee CLAIMANT AREA AGENCY ON AGING NW ARK., Employer RESPONDENT RISK MANAGEMENT RESOURCES, Carrier RESPONDENT OPINION/ORDER FILED SEPTEMBER 30, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Harrison, Boone County, ...","fetched_at":"2026-05-19T22:36:49.365Z","links":{"html":"/opinions/alj-H106007-2025-09-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BRUCE_EVELYN_H106007_20250930.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}