{"id":"alj-H204851-2026-04-01","awcc_number":"H204851","decision_date":"2026-04-01","opinion_type":"alj","claimant_name":"Janet Foster","employer_name":"Goodwill Industries Of Arkansas","title":"FOSTER VS. GOODWILL INDUSTRIES OF ARKANSAS AWCC# H204851 April 01, 2026","outcome":"dismissed","outcome_keywords":["dismissed:10","denied:1"],"injury_keywords":["hernia"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_JANET_H204851_20260401.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"FOSTER_JANET_H204851_20260401.pdf","text_length":3418,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H204851 \n \nJANET FOSTER, EMPLOYEE      CLAIMANT \n \nVS. \n \nGOODWILL INDUSTRIES OF ARKANSAS, \nEMPLOYER          RESPONDENT \n \nATA WC TRUST/RISK MANAGEMENT \nRESOURCES, CARRIER/TPA       RESPONDENT \n \n \nOPINION AND ORDER FILED APRIL 1, 2026 \n \nA Hearing before Administrative Law Judge James D. Kennedy was held on March 30, \n2026, in Fort Smith, Arkansas. \n \nClaimant was pro-se and failed to appear. \n \nRespondents were represented by Melissa Wood, of Little Rock, Arkansas. \n \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on the 30\nth\n day of March 2026, in \nFort  Smith,  Arkansas, on Respondent’s  Motion  to  Dismiss  for  failure  to  prosecute \npursuant  to 11  C.A.R. 25-110(d) which  was  previously  named  Rule  099.13  of  the \nArkansas Workers’ Compensation Commission. The claimant  was pro  se and  failed  to \nappear. The Respondents were represented by Melissa Wood of Little Rock, Arkansas. \nThe  Claimant  had  previously  been  represented  by Eddie  Walker,  who  was  allowed  to \nwithdraw by an Order, dated June 2, 2025.  \nThis Motion to Dismiss was filed on January 5, 2026, requesting that this matter \nbe dismissed pursuant to 11 C.A.R. 25 -110(d).  A previous Motion to Dismiss hearing \nhad been held on October 6\nth\n, 2025, and that motion was denied.  A Form AR-2 was filed \n\nFoster – H204851   \n2 \n \non December 29, 2022, which provided that the claim had been accepted. An AR-C Form \nwas filed  on November  1,  2023.  The Claimant sustained  a  compensable hernia  injury, \nand a hearing had been held on April 22, 2024, for additional benefits for temporary total \ndisability, additional medical, and entitlement to a weight loss program. The Claimant has \nmade no  request  for  an  additional hearing to  further prosecute  her claim and  an email \nprovided that the claimant had no objection to a dismissal. \n After proper and reasonable notice, a hearing was held on March 30, 2026, on the \nsecond  Motion  to  Dismiss and  the Claimant failed  to  appear.  The Respondents  were \nrepresented by Melissa Wood, who requested that the matter be dismissed pursuant to \n11 C.A.R. 110(d) of the Arkansas Workers’ Compensation Commission.   \n 11 C.A.R. 110 (d) provides that upon a meritorious application from either party in \nan  action  pending  before  the  Commission,  requesting  that  the  claim  be  dismissed  for \nwant of prosecution, the Commission may, upon reasonable notice to all the parties, enter \nan order dismissing the claim for want of prosecution. Here, it is found that reasonable \nnotice to all the parties was provided, and that the Claimant has not made a bona fide \nrequest for a hearing to prosecute her claim.     \n \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \nthe Motion  to  Dismiss without  prejudice pursuant  to 11  C.A.R.  110(d) of  the  Arkansas \nWorkers’ Compensation Commission, after a finding of reasonable notice to all the parties \n\nFoster – H204851   \n3 \n \nand a finding of a meritorious request by the Respondent that the claim be dismissed due \nto the Claimant failing to prosecute her claim.    \nIT IS SO ORDERED. \n          ______________________________ \n      JAMES D. KENNEDY \n      Administrative Law Judge","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H204851 JANET FOSTER, EMPLOYEE CLAIMANT VS. GOODWILL INDUSTRIES OF ARKANSAS, EMPLOYER RESPONDENT ATA WC TRUST/RISK MANAGEMENT RESOURCES, CARRIER/TPA RESPONDENT OPINION AND ORDER FILED APRIL 1, 2026 A Hearing before Administrative Law Judge James D. Kennedy ...","fetched_at":"2026-05-19T22:29:48.805Z","links":{"html":"/opinions/alj-H204851-2026-04-01","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/FOSTER_JANET_H204851_20260401.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}