{"id":"alj-H201738-2023-02-28","awcc_number":"H201738","decision_date":"2023-02-28","opinion_type":"alj","claimant_name":"Lacey Ludemann","employer_name":"Factory Connection, LLC","title":"LUDEMANN VS. FACTORY CONNECTION, LLC AWCC# H201738 FEBRUARY 28, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8","granted:2","denied:1"],"injury_keywords":["neck","back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//LUDEMANN_LACEY_H201738_20230228.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"LUDEMANN_LACEY_H201738_20230228.pdf","text_length":2686,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H201738 \n \nLACEY P. LUDEMANN, EMPLOYEE          CLAIMANT \n \nFACTORY CONNECTION, LLC, EMPLOYER         RESPONDENT  \n \nTRAVELERS PROPERTY CASUALTY/  \nTRAVELERS INDEMNITY CO.,  \nCARRIER/TPA            RESPONDENT    \n         \nOPINION FILED FEBRUARY 28, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas, on February 28, 2023. \n \nClaimant  is  represented  by  Frederick  S. “Rick”  Spencer,  Attorney-at-Law,  of \nMountain Home, Arkansas. \n \nRespondents are represented by Guy Alton Wade, Attorney-at-Law, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on February 28, 2023, in Little Rock, \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 contended that she had injured her neck, left side, hips \nand back on or about September 7, 2020, and filed a Form C on February 28, 2022. The \nclaim was denied in its entirety.  More than six (6)  months have passed since the claimant \nalleged that she sustained a work-related injury and she has failed to respond to discovery \nthat was propounded in March of 2022.  A request for the matter to be dismissed was \nmade by  the  respondents  by  letter  on  January  6,  2023.   The  claimant’s  representative \nnotified  the  Commission  that  they  had  lost  touch  with  the  claimant  by  a  letter  dated \n\nLUEDEMANN – H201738 \n \n2 \n \nJanuary 23, 2023.  The representative also ran a Lexis Nexis search and could not find \nany information in regard to the claimant.   \nA hearing was set for February 28, 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, \nGuy  Alton Wade 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 respondent’s \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 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. H201738 LACEY P. LUDEMANN, EMPLOYEE CLAIMANT FACTORY CONNECTION, LLC, EMPLOYER RESPONDENT TRAVELERS PROPERTY CASUALTY/ TRAVELERS INDEMNITY CO., CARRIER/TPA RESPONDENT OPINION FILED FEBRUARY 28, 2023 Hearing before Administrative Law Judge James D. Kennedy i...","fetched_at":"2026-05-19T23:10:51.940Z","links":{"html":"/opinions/alj-H201738-2023-02-28","pdf":"https://labor.arkansas.gov/wp-content/uploads//LUDEMANN_LACEY_H201738_20230228.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}