{"id":"alj-H109975-2023-03-21","awcc_number":"H109975","decision_date":"2023-03-21","opinion_type":"alj","claimant_name":"Christina Wilson","employer_name":"Baxter Healthcare Corp","title":"WILSON VS. BAXTER HEALTHCARE CORP. AWCC# H109975 MARCH 21, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["knee"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/WILSON_CHRISTINA_H109975_20230321.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WILSON_CHRISTINA_H109975_20230321.pdf","text_length":2790,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H109975 \n \nCHRISTINA N. WILSON          CLAIMANT \n \nBAXTER HEALTHCARE CORP., Employer       RESPONDENT \n \nLIBERTY MUTUAL / HELMANS \nMANAGEMENT SERVICES, CARRIER/TPA       RESPONDENT  \n \nOPINION FILED MARCH 21, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on March 15, 2023, in \nMountain Home, Baxter County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by  their  attorney,  Mr. Garrett O’Brien, of Memphis, \nTennessee. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  March  15,  2023,  in  Mountain \nHome, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant filed a Form AR-C on December 21, 2021, claiming that \nshe injured her right knee in a work-related accident and that she was scheduled to have \nher knee repaired by a procedure performed by Dr. O’Malley in Little Rock, Arkansas, on \nDecember 30, 2022.  The respondent, Baxter Healthcare Corporation, filed a First Report \nof Injury on January 4, 2021, and a Form AR-2 on January 5, 2022, where they did not \ncontrovert  the  claim.   The  claimant  reached maximum medical  improvement on March \n24, 2021, and received medical benefits provided by Dr. O’Malley, although no change of \nphysician form was filed by the claimant and Dr. O’Malley was not the original treating \nphysician.  The  claimant  only  sought  medical  care  and  payment  of  any  outstanding \n\nWILSON – H109975 \n \n2 \n \nmedical  expenses.    A  Motion  to  Dismiss  for  Failure  to  Prosecute  was  filed  by  the \nrespondents on or about December 21, 2022.  \nAn  appropriate  notice  setting  this  matter  for  a  hearing on March  15,  2023,  was \nprovided, and the claimant did not file an objection or appear at the hearing in Mountain \nHome, Arkansas.  At the time of the hearing, Garrett O’Brien appeared on behalf of the \nrespondents and asked that the matter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent, this matter should be dismissed for failure to prosecute pursuant to Ark. Code \nAnn. § 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. \nORDER \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n IT IS SO ORDERED. \n \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H109975 CHRISTINA N. WILSON CLAIMANT BAXTER HEALTHCARE CORP., Employer RESPONDENT LIBERTY MUTUAL / HELMANS MANAGEMENT SERVICES, CARRIER/TPA RESPONDENT OPINION FILED MARCH 21, 2023 Hearing before Administrative Law Judge James D. Kennedy on March 15, 2023, i...","fetched_at":"2026-05-19T23:09:38.526Z","links":{"html":"/opinions/alj-H109975-2023-03-21","pdf":"https://labor.arkansas.gov/wp-content/uploads/WILSON_CHRISTINA_H109975_20230321.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}