{"id":"alj-H204851-2025-10-27","awcc_number":"H204851","decision_date":"2025-10-27","opinion_type":"alj","claimant_name":"Janet Foster","employer_name":"Goodwill Industries Of Ark., Inc","title":"FOSTER VS. GOODWILL INDUSTRIES OF ARK., INC. AWCC# H204851 October 27, 2025","outcome":"dismissed","outcome_keywords":["affirmed:1","dismissed:5","granted:2","denied:1"],"injury_keywords":["hernia"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_JANET_H204851_20251027.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FOSTER_JANET_H204851_20251027.pdf","text_length":3533,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H204851 \n \nJANET FOSTER, Employee CLAIMANT \n \nGOODWILL INDUSTRIES OF ARK., INC. Employer RESPONDENT \n \nRISK MANAGEMENT RESOURCES, Carrier RESPONDENT \n \n \n \n OPINION FILED OCTOBER 27, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE GREGORY  K.  STEWART in Fort \nSmith, Sebastian County, Arkansas. \n \nClaimant unrepresented and appearing pro se. \n \nRespondents represented by MELISSA WOOD, Attorney at Law, Little Rock, Arkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n Claimant suffered an admittedly compensable hernia on June 6, 2022. A hearing \nwas conducted on claimant’s claim on April 22, 2024, and an Opinion was filed on May \n15,  2024,  finding  that  claimant  was  entitled  to  additional  medical  treatment  from  Dr. \nShamim;  that  claimant  was  entitled  a  weight  loss  program  at  Metabolic  Research \nCenter;  and  that  claimant  was  entitled  to  temporary  total  disability  benefits  from \nDecember   19,   2022,   through   January   6,   2023.   That Opinion   was   appealed   by \nrespondent  and  was  affirmed  and  adopted  by  the  Full  Commission  in  an  Opinion  filed \nJanuary 27, 2025. \n\nFoster – H204851 \n \n-2- \n Subsequently,  Attorney  Walker  filed  a  Motion  to  Withdraw  as  Counsel  and  that \nmotion  was  granted  by  an  Order  filed  June  2,  2025.  Thereafter,  on  July  9,  2025, \nrespondent  filed  a  motion  to  dismiss  the  claim for  failure  to  prosecute.  A  hearing  on \nrespondent’s motion was scheduled for October 6, 2025. \n Claimant  appeared  at  the  hearing  and  testified  that  since  the  last  hearing  she \nhad been participating in the awarded weight loss program; however, at some point she \nhad to go to Texas to take care of a family member. She took a supply of the metabolic \nsupplement with her but had to stay longer than she anticipated, and her supply ran out. \nAs  a  result,  she  was  not  able  to  continue  with  the  program.  During  this  time period \nrespondent  suspended  payment  because  it  was  unaware  as  to  why  claimant  was  not \ncontinuing in the program.  \n Claimant  has  returned  and  would  like  to  continue  with  her  weight  loss  program \nand Attorney Wood represented that respondent was willing to continue paying for that \nprogram. \n With respect to any outstanding issues, claimant testified that she was not sure if \nthere were other issues that needed to be addressed, and she would like to discuss any \npotential issues with legal counsel. Claimant testified that she has attempted to find an \nattorney to represent her but has been unable to do so. \n Pursuant to 11 CAR §25-110(d), upon meritorious application to the Commission \nfrom  a  party  requesting  that  the  claim  be  dismissed  for  want  of  prosecution,  the \nCommission  may,  upon  reasonable  notice  to  all  parties,  enter  an  order  dismissing  the \nclaim for want of prosecution. \n\nFoster – H204851 \n \n-3- \n Based upon claimant’s testimony that she is unsure as to whether there are any \nadditional issues to litigate and her testimony that she is in the process of attempting to \nfind legal counsel, I find that claimant is not failing to prosecute her claim. Therefore,  I \nfind that respondent’s motion to dismiss this claim should be and hereby is denied. \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H204851 JANET FOSTER, Employee CLAIMANT GOODWILL INDUSTRIES OF ARK., INC. Employer RESPONDENT RISK MANAGEMENT RESOURCES, Carrier RESPONDENT OPINION FILED OCTOBER 27, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian Coun...","fetched_at":"2026-05-19T22:35:55.338Z","links":{"html":"/opinions/alj-H204851-2025-10-27","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_JANET_H204851_20251027.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}