{"id":"alj-H109566-2023-07-18","awcc_number":"H109566","decision_date":"2023-07-18","opinion_type":"alj","claimant_name":"Janice Kanzler","employer_name":"Russellville Middle School","title":"KANZLER VS. RUSSELLVILLE MIDDLE SCHOOL AWCC# H109566 JULY 18, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//KANZLER_JANICE_H109566_20230718.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KANZLER_JANICE_H109566_20230718.pdf","text_length":3045,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H109566 \n \nJANICE KANZLER, Employee      CLAIMANT \n \nRUSSELLVILLE MIDDLE SCHOOL, Employer   RESPONDENT \n \nAR SCHOOL BOARDS ASSOC WCT, Carrier/TPA   RESPONDENT \n \n \n OPINION FILED JULY 18, 2023  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at the hearing. \n \nRespondent represented by, MELISSA WOOD, 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. \n It  should  be  noted  that  this  matter  has  previously  been  before  the  Commission  on a \nMotion to Dismiss filed by the respondents on July 22, 2022, which resulted in an Opinion filed \nOctober 18, 2022, denying the respondents’ request to dismiss.  \n On  December  7,  2022,  the  claimant  requested  a  hearing,   and   after  a  prehearing \nconference  on  February  27,  2023,  a  hearing  was  scheduled  for  April  13,  2023.  On  March  16, \n2023,  the  claimant  contacted  my  office  stating  she  no  longer  wished  to  pursue  a  hearing,  but \ninstead,  wanted  to  request  a  change  of  physician.  The  file  was  reassigned  to  the  Medical  Cost \nContainment  Division  on  March  24,  2023.  On March  28,  2023,  claimant  was  informed  that  the \nphysician  she  wished  to  see  would  not  be  authorized  as  that  physician  could  not  treat  her \ncompensable  body  part.  The  claimant  then  contacted  the  respondents’  attorney  stating  she  no \nlonger wished to pursue her claim. \n\nKanzler – H109566 \n \n Thereafter,  on  March  30,  2023,  the  respondents  filed  a  second  Motion  to  Dismiss \nrequesting this claim be dismissed for lack of prosecution. A hearing was scheduled for June 22, \n22023, and notice of said hearing was sent to the claimant at her last known address by certified \nmail  on  May  16,  2023.  That  certified  mail  notice  was  returned  to  the  Commission  by  the  Post \nOffice with a notation “Return to Sender. Unclaimed. Unable to Forward.” \n After  my  review  of  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      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H109566 JANICE KANZLER, Employee CLAIMANT RUSSELLVILLE MIDDLE SCHOOL, Employer RESPONDENT AR SCHOOL BOARDS ASSOC WCT, Carrier/TPA RESPONDENT OPINION FILED JULY 18, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County, ...","fetched_at":"2026-05-19T23:05:20.859Z","links":{"html":"/opinions/alj-H109566-2023-07-18","pdf":"https://labor.arkansas.gov/wp-content/uploads//KANZLER_JANICE_H109566_20230718.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}