{"id":"alj-H204518-2023-03-22","awcc_number":"H204518","decision_date":"2023-03-22","opinion_type":"alj","claimant_name":"Beverly Richard","employer_name":"Carelink","title":"RICHARD VS. CARELINK AWCC# H204518 MARCH 22, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/RICHARD_BEVERLY_H204518_20230322.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"RICHARD_BEVERLY_H204518_20230322.pdf","text_length":3145,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM No H204518 \nBEVERLY RICHARD, EMPLOYEE       CLAIMANT \n \nCARELINK, EMPLOYER                  RESPONDENT  \n \nAGING SERVICES FUND/RISK MANAGEMENT  \nRESOURCES,  CARRIER/TPA                   RESPONDENT \n  \nOPINION FILED MARCH 22, 2023 \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on March 22, 2023. \n \nClaimant is represented pro se and failed to appear. \n \nRespondents are represented by  Worley, Wood & Parrish, P.A. Ms. Melissa Wood \nappeared. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on March 22, 2023, on the respondents’ \nMotion to Dismiss for failure to prosecute pursuant to Arkansas Code Ann. § 11-9-702 of the \nArkansas Workers’ Compensation (AWCC) Act and AWCC Rule 099.13.  The claim involves \nan alleged workplace injuries sustained on or about January 12, 2022.   \nAs evidenced in Respondents’ Exhibit No 1, admitted into the record without objection, \na Form AR-N was executed by the claimant on January 14, 2022. A First Report of Injury \nwas then prepared on January 18, 2022. The Commission received a Form AR-C on June, 23, \n2022. At the time of the AR-C filing, the claimant was represented by Ms. Laura Beth York, \nbut she was relieved as counsel by an Order from the Full Commission dated September 29, \n2022.   \nThe respondents filed the immediate motion for a dismissal, based on the claimant’s \nfailure  to  prosecute  her  case,  on  December  27,  2022.  The  motion  stated  that  the  claimant \nsought no bona fide request for a hearing in the six (6) months prior to the motion’s filing, \n\nRICHARD- H204518 \n2 \n \nthus making this matter appropriate for dismissal under ACA § 11-9-702 and AWCC Rule \n099.13. Notice of the respondents’ motion was sent to the claimant by the Commission on \nJanuary  3,  2023,  directing  a  written  response  to  the  motion  within  twenty  (20)  days.  No \nresponse was offered, and a hearing on the motion was set accordingly. \nAs  noted  above, the claimant failed  to  appear for the March  22,  2023,  hearing.  Ms. \nWood appeared for the respondents, presenting argument and evidence that more than six \n(6) months passed since the filing of the AR-C without any request for a hearing on an issue \nripe for adjudication. Indeed, my review of the file evidences the same. \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  respondents’ \nattorney, to which there was no rebuttal or resistance on behalf of the claimant, there is no \nalternative  but  to  find  that  the  Motion  to  Dismiss  should  be  granted  at  this  time  for  the \nclaimant’s failure to prosecute her claim  and  that  the matter  should be  dismissed without \nprejudice. \nORDER \n The  Motion  to  Dismiss AWCC Claim No  H204518  is  hereby  be  granted,  and  this \nmatter shall be dismissed without prejudice.   \nSO ORDERED. \n \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM No H204518 BEVERLY RICHARD, EMPLOYEE CLAIMANT CARELINK, EMPLOYER RESPONDENT AGING SERVICES FUND/RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION FILED MARCH 22, 2023 Hearing before Administrative Law Judge JayO. Howe in Little Rock, Pulaski County, Ark...","fetched_at":"2026-05-19T23:09:46.835Z","links":{"html":"/opinions/alj-H204518-2023-03-22","pdf":"https://labor.arkansas.gov/wp-content/uploads/RICHARD_BEVERLY_H204518_20230322.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}