{"id":"alj-H205357-2023-11-16","awcc_number":"H205357","decision_date":"2023-11-16","opinion_type":"alj","claimant_name":"H Nicholas-Madden","employer_name":"Lennox Industries, Inc","title":"NICHOLAS-MADDEN VS. LENNOX INDUSTRIES, INC AWCC# H205357 NOVEMBER 16, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5","granted:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/NICHOLAS-MADDEN_H2205357_20231116.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"NICHOLAS-MADDEN_H2205357_20231116.pdf","text_length":3326,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H205357 \n \nMELANIE P. NICHOLAS-MADDEN, EMPLOYEE        CLAIMANT \n \nLENNOX INDUSTRIES, INC., EMPLOYER                  RESPONDENT  \n \nINDEMNITY INS. CO. OF NORTH AMERICA/ \nCORVEL HEALTHCARE CORP., CARRIER/TPA                         RESPONDENT \n \n \nOPINION FILED 16 NOVEMBER 2023 \n \n \nHearing  before  Administrative  Law  Judge  JayO.  Howe  in  Little  Rock,  Pulaski \nCounty, Arkansas, on 15 November 2023. \n \nClaimant, Melanie Nicholas-Madden, pro se, failed to appear. \n \nMr. Eric Newkirk, Attorney-at-Law of Little Rock, Arkansas, appeared on behalf of \nthe respondents. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above-styled matter on 15 November 2023, in Little Rock, \nArkansas,  on the  respondents’ Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas  Code  Annotated § 11-9-702  and/or Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The Commission’s file was incorporated by reference at the beginning of \nthe hearing.  \nThe claim involves an alleged workplace injury occurring on  12 July 2022.  A Form \nAR-C was filed by the claimant on 27 July 2022, claiming that she was exposed to a large \namount  of  insulation  and  fiber  glass  particles  and  experienced  sinus  issues,  respiratory \ncomplications, and nausea as a result. The respondents filed a Form AR-2 on 4 October 2022, \nstating that the claim was not compensable.  Another Form AR-2 appears in the file dated 19 \nOctober 2022 stating the same. \n\nNICHOLAS-MADDEN—H205357 \n2 \n \n The file was assigned to the Legal Advisor Division for an attempt at mediation. After \nsome  correspondence  a  mediation  date  was  set  and  the  parties  attempted  to  mediate  a \nresolution  on  20  December  2022.    An  Agreement  form  dated  that  same  day  indicates  that \nafter meeting at the Arkansas County Courthouse, a resolution was not reached on the merits \nof the claim. A Form AR-R, Report of Mediation, dated 21 December 2022 notes the same.  A \nmemorandum  from  the  Legal  Advisor  Division  indicates  that  the  file  was  returned  to  the \nClerk’s office on 21 December 2022.   The file evidences no further action until the filing of \nthe respondents’ 14 August 2023, file-marked Motion for a Dismissal Without Prejudice.  \n The claimant did not respond to the respondents’ Motion or the Commission’s letters \nproviding  notice  of  the  Motion  and  notice  of  the  hearing.  She  did  not  appear  before  the \nCommission  for  the  scheduled hearing  on  the  respondents’ Motion  to  argue  against  the \nrequested dismissal without prejudice. \n Indeed, no evidence of a request for a hearing on a justiciable issue appears in the file \nin the time relevant to the respondents’ Motion.  Based on the record, argument by counsel, \nand evidence before me, I am compelled to find that the Motion to Dismiss should be granted \ndue  to  the  claimant’s  lack  of  prosecution and  the  matter  should  be  dismissed  without \nprejudice.  \nORDER \n Pursuant to the above, there is no alternative but to find that the Motion to Dismiss \nshould be granted and this matter should be dismissed without prejudice at this time.   \nSO ORDERED. \n \n      ____________________________ \n       JAYO. HOWE \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205357 MELANIE P. NICHOLAS-MADDEN, EMPLOYEE CLAIMANT LENNOX INDUSTRIES, INC., EMPLOYER RESPONDENT INDEMNITY INS. CO. OF NORTH AMERICA/ CORVEL HEALTHCARE CORP., CARRIER/TPA RESPONDENT OPINION FILED 16 NOVEMBER 2023 Hearing before Administrative Law Judge Ja...","fetched_at":"2026-05-19T23:00:33.958Z","links":{"html":"/opinions/alj-H205357-2023-11-16","pdf":"https://labor.arkansas.gov/wp-content/uploads/NICHOLAS-MADDEN_H2205357_20231116.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}