{"id":"alj-H201434-2023-02-28","awcc_number":"H201434","decision_date":"2023-02-28","opinion_type":"alj","claimant_name":"Martina Folan","employer_name":"White River Area Agency On Aging","title":"FOLAN VS. WHITE RIVER AREA AGENCY ON AGING AWCC# H201434 FEBRUARY 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","denied:1"],"injury_keywords":["neck"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/FOLAN_MARTINA_H201434_20230228.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FOLAN_MARTINA_H201434_20230228.pdf","text_length":2581,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H201434 \n \nMARTINA FOLAN              CLAIMANT \n \nWHITE RIVER AREA AGENCY ON AGING, Employer        RESPONDENT \n \nAGING SERVICES FUND/ \nRISK MANGAGEMENT RESOURCES, CARRIER/TPA        RESPONDENT \n            \nOPINION FILED FEBRUARY 28, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy on February 22, 2023, \nin Batesville, Independence County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Ms. Melissa Wood, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on February 22, 2023, in Batesville, \nArkansas, 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 failed to appear at the hearing.  The White River Area \nAgency on Aging filed an AR-N Form on December 16, 2021, and filed a First Report of \nInjury on December 20, 2021. The claimant filed an Arkansas Form-C on February 16, \n2022, contending she had injured her neck causing numbness to her right arm and whole \nbody  while  assisting a  patient.  The  respondents  denied  the  claim  in  its entirety.   The \nclaimant was originally represented by counsel, but counsel was allowed to withdraw by \nan Order dated November 15, 2022.  A Motion to Dismiss for Failure to Prosecute was \nfiled by the respondents on or about November 11, 2022.  \n\nFOLAN – H201434 \n \n2 \n \nAn appropriate notice setting this matter for a hearing on February 22, 2023, was \nprovided, and the claimant did not file an objection or appear at the hearing in Batesville, \nArkansas.    At  the  time  of  the  hearing,  Melissa  Wood  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 \nrespondents, I find that this matter should be dismissed for failure to prosecute pursuant \nto  Arkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act. \nORDER \n \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       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H201434 MARTINA FOLAN CLAIMANT WHITE RIVER AREA AGENCY ON AGING, Employer RESPONDENT AGING SERVICES FUND/ RISK MANGAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 28, 2023 Hearing before Administrative Law Judge James D. Kennedy on February...","fetched_at":"2026-05-19T23:10:45.593Z","links":{"html":"/opinions/alj-H201434-2023-02-28","pdf":"https://labor.arkansas.gov/wp-content/uploads/FOLAN_MARTINA_H201434_20230228.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}