{"id":"alj-H203108-2023-10-24","awcc_number":"H203108","decision_date":"2023-10-24","opinion_type":"alj","claimant_name":"Bonnie Ray","employer_name":"Central Arkansas Nursing","title":"RAY VS. CENTRAL ARKANSAS NURSING AWCC# H203108 OCTOBER 24, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":["hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/RAY_BONNIE_H203108_20231024.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RAY_BONNIE_H203108_20231024.pdf","text_length":2518,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H203108 \n \nBONNIE RAY, Employee          CLAIMANT \n \nCENTRAL ARKANSAS NURSING, Employer      RESPONDENT \n \nINDEMNITY INS. OF NORTH AMERICA, Carrier/TPA  RESPONDENT \n \n \n OPINION FILED OCTOBER 24, 2023  \n \nHearing   before   ADMINISTRATIVE   LAW   JUDGE   ERIC   PAUL   WELLS   in   Springdale, \nWashington County, Arkansas. \n       \nClaimant not represented by counsel and not appearing at the hearing. \n \nRespondent represented by ERIC NEWKIRK, Attorney at Law, Little Rock, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn April 22, 2022, the claimant filed an AR-C requesting various compensation benefits \nin  which  she  alleged  an  injury  to  her  head,  right  elbow,  tailbone,  right  hip,  ribs,  and  right  foot. \nThe  claim  was  accepted  as  medical  only.  There  has  been  no  request  for  a  hearing  or  additional \nactivity by the claimant since the filing of the Form AR-C.  \nOn July 11, 2023, the respondents filed a Motion to Dismiss requesting that this claim be \ndismissed  for  lack  of  prosecution.  A  hearing  was  scheduled  for September  26,  2023.  Notice  of \nthat  hearing  was  sent  to  the  claimant  by  certified  mail,  return  receipt  requested  on  August  23, \n2023. United States Postal Department records indicate that claimant received and signed for the \nnotice on August 29, 2023. Despite having received notice of the scheduled hearing, the claimant \nfailed to appear at the hearing and has failed to respond to the motion in any form or manner. \n\nRay – H203108 \n \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED.    \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H203108 BONNIE RAY, Employee CLAIMANT CENTRAL ARKANSAS NURSING, Employer RESPONDENT INDEMNITY INS. OF NORTH AMERICA, Carrier/TPA RESPONDENT OPINION FILED OCTOBER 24, 2023 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Springdale, Washington County...","fetched_at":"2026-05-19T23:01:55.690Z","links":{"html":"/opinions/alj-H203108-2023-10-24","pdf":"https://labor.arkansas.gov/wp-content/uploads/RAY_BONNIE_H203108_20231024.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}