{"id":"alj-H200299-2023-12-12","awcc_number":"H200299","decision_date":"2023-12-12","opinion_type":"alj","claimant_name":"Rebecca Neal","employer_name":"Care Manor Nursing","title":"NEAL VS. CARE MANOR NURSING AWCC# H200299 DECEMBER 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2"],"injury_keywords":["fracture"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/NEAL_REBECCA_H200299_20231212.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NEAL_REBECCA_H200299_20231212.pdf","text_length":2838,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H200299 \n \nREBECCA L. NEAL, EMPLOYEE         CLAIMANT \n \nCARE MANOR NURSING, EMPLOYER            RESPONDENT  \n \nARKANSAS SELF-INSURANCE TRUST, COMPANY /  \nCANNON COCHRAN MANAGEMENT SERVICES, INC., TPA        RESPONDENT \n  \nOPINION FILED DECEMBER 12, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on December 12, 2023. \n \nClaimant is Pro Se and did not appear. \n \nRespondents are represented by Ms. Melissa Wood, Attorney-at-Law of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above-styled  matter  on  December  12,  2023,  in  Little \nRock, Arkansas, on respondents’ 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 contended that she sustained a work-related injury to \nher left arm near her elbow, which resulted in a fracture, due to her having tripped while \nrapidly walking to find a CNA for assistance with a resident on July 15, 2021.  The claimant \nfiled  a  Form  AR-C  on January  11,  2022,  requesting  benefits.    The  respondents filed a \nForm  AR-2  that  provided  it  was  a  compensable  claim,  medical  only.  The  claimant \nobtained a Change of Physician Order on or about January 31, 2022.  The claimant was \nfound to have reached MMI in August of 2022, with a zero percent (0%) impairment rating.  \nNo bona fide request for a hearing has been made within six (6) months of filing the claim.  \n\nNEAL – H200299 \n \n2 \n \nA Motion to Dismiss for failure to prosecute was filed on or about October 16, 2023, and \nthe claimant failed to respond to the Motion.   \nA hearing was set for December 12, 2023, in regard to the Motion to Dismiss.  The \nclaimant failed to appear at the hearing after proper notice.  At the time of the hearing, \nMelissa  Wood  appeared  on  behalf  of  the  respondents  and  asked  that  the  matter  be \ndismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission, and having had an opportunity to hear the statements of the respondents’ \nattorney, there is no alternative but to find that the Motion to Dismiss should be granted \nat this time, and the matter should be dismissed without prejudice. \nORDER \n \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould  be  granted  and  this  matter  should  be  dismissed  without  prejudice  pursuant to \nArkansas  Code  Annotated  §11-9-702  and Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act at this time.   \nIT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H200299 REBECCA L. NEAL, EMPLOYEE CLAIMANT CARE MANOR NURSING, EMPLOYER RESPONDENT ARKANSAS SELF-INSURANCE TRUST, COMPANY / CANNON COCHRAN MANAGEMENT SERVICES, INC., TPA RESPONDENT OPINION FILED DECEMBER 12, 2023 Hearing before Administrative Law Judge Jame...","fetched_at":"2026-05-19T22:59:19.881Z","links":{"html":"/opinions/alj-H200299-2023-12-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/NEAL_REBECCA_H200299_20231212.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}