{"id":"alj-H200740-2024-12-13","awcc_number":"H200740","decision_date":"2024-12-13","opinion_type":"alj","claimant_name":"Margaret Ejiogu","employer_name":"Avimoe, LLC","title":"EJIOGU VS. AVIMOE, LLC AWCC# H200740 December 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/EJIOGU_MARGARET_H200740_20241213.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"EJIOGU_MARGARET_H200740_20241213.pdf","text_length":2659,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H200740 \n \nMARGARET EJIOGU, EMPLOYEE        CLAIMANT \nAVIMOE, LLC, EMPLOYER      RESPONDENT \nLIBERTY MUTUAL, TPA/ CARRIER     RESPONDENT \n \nOPINION FILED DECEMBER 13, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on December 3, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, Jason Ryburn, of Little Rock \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on December 3, 2024, in Little Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct. The  claimant  was pro  se  and  failed  to  appear  for  the  hearing.  The  Claimant was \nallegedly injured on January 17, 2022, while at work. Multiple Form AR-Cs were filed in \nthis matter with the most recent being filed on May 16, 2024. The initial claim for benefits \nwas accepted by the Respondents and benefits were paid, but the Claimant later claimed \nadditional injuries which were not accepted by the Respondents, and no benefits were \npaid in  regard  to these  additional  claims.  The  claimant  was  previously  represented  by \nLaura Beth York, who was allowed to withdraw by an Order from the Full Commission \nfiled on September 26, 2024.   \n\nMargaret Ejiogu – H200740 \n The claimant has failed to pursue this claim as required by law and a Motion to \nDismiss was filed by the respondents in this matter on October 7, 2024. Appropriate notice \nwas provided to the claimant notifying her that a hearing on the Motion to Dismiss was \nset for December 3, 2024, in Little Rock, Arkansas. The claimant did not file a response \nand failed  to appear  on  the  hearing  date. At  the  time  of  the  hearing, Jason  Ryburn \nappeared on behalf of the Respondents and asked that the matter be dismissed for lack \nof 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 \nRespondents, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  A.C.A.  11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation 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 \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H200740 MARGARET EJIOGU, EMPLOYEE CLAIMANT AVIMOE, LLC, EMPLOYER RESPONDENT LIBERTY MUTUAL, TPA/ CARRIER RESPONDENT OPINION FILED DECEMBER 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on December 3, 2024. Claima...","fetched_at":"2026-05-19T22:45:22.796Z","links":{"html":"/opinions/alj-H200740-2024-12-13","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/EJIOGU_MARGARET_H200740_20241213.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}