{"id":"alj-H202951-2023-07-03","awcc_number":"H202951","decision_date":"2023-07-03","opinion_type":"alj","claimant_name":"Stacy Shelby","employer_name":"Butterball, LLC","title":"SHELBY VS. BUTTERBALL, LLC AWCC# H202951 JULY 3, 2023","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SHELBY_STACY_H202951_20230703.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SHELBY_STACY_H202951_20230703.pdf","text_length":2046,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H202951 \n \n \nSTACY SHELBY, Employee                                                                           CLAIMANT                         \n \nBUTTERBALL, LLC, Employer                                                                RESPONDENT                         \n \nACE AMERICAN INSURANCE CO., Carrier/TPA                                   RESPONDENT \n \n \n \n OPINION/ORDER FILED JULY 3, 2023 \n \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, \nSebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by ZACH RYBURN,  Attorney, Little Rock, Arkansas. \n \n \n OPINION/ORDER \n  \n This  case  comes  on  for  review  following  a  hearing  on  respondent’s  Motion  to \nDismiss. \n On  April  15,  2022,  claimant  filed  form  AR-C  requesting  various  compensation \nbenefits for an injury date of September 2, 2021.  On July 19, 2022, the Full Commission \ngranted an order allowing claimant’s attorney to withdraw as counsel.  Since that time the \nclaimant has taken no action to prosecute her claim.  On April 17, 2023, respondent filed \na motion to dismiss this claim based upon claimant’s failure to prosecute.  A hearing was \nscheduled on the respondent’s Motion to Dismiss for June 26, 2023.  Notice of the hearing \nwas sent to claimant by certified mail and delivered on April 22, 2023.  Claimant did not \nappear at the hearing and has not responded to the claimant’s motion. \n\nShelby – H202951 \n \n2 \n \n After  my  review  of  the  respondent’s  motion,  the  claimant’s  failure  to  respond \nthereto,  and all  other  matters  properly  before  the  Commission,  I  find  that  respondent’s \nMotion  to  Dismiss  should  be  and  hereby  is  granted.    This  dismissal  is  pursuant  to \nCommission Rule 099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H202951 STACY SHELBY, Employee CLAIMANT BUTTERBALL, LLC, Employer RESPONDENT ACE AMERICAN INSURANCE CO., Carrier/TPA RESPONDENT OPINION/ORDER FILED JULY 3, 2023 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arka...","fetched_at":"2026-05-19T23:04:53.700Z","links":{"html":"/opinions/alj-H202951-2023-07-03","pdf":"https://labor.arkansas.gov/wp-content/uploads/SHELBY_STACY_H202951_20230703.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}