{"id":"alj-H205426-2023-09-26","awcc_number":"H205426","decision_date":"2023-09-26","opinion_type":"alj","claimant_name":"Dana Cason","employer_name":"Dolgen Corp LLC D/b/a/dollar General","title":"CASON VS. DOLGEN CORP LLC D/B/A/DOLLAR GENERAL AWCC# H205426 SEPTEMBER 26, 2023","outcome":"dismissed","outcome_keywords":["dismissed:6","denied:1"],"injury_keywords":["neck","hip"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//CASON_DANA_H205426_20230926.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CASON_DANA_H205426_20230926.pdf","text_length":3269,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H205426 \n \nDANA CASON, EMPLOYEE            CLAIMANT \n \nDOLGENCORP, LLC D/B/A/        \nDOLLAR GENERAL, EMPLOYER            RESPONDENT \n \nSEDGWICK CLAIMS MANAGEMENT \nSERVICES, INC./TPA              RESPONDENT \n            \nOPINION FILED SEPTEMBER 26, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Mountain Home, \nBaxter County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. David C. Jones, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on September 20, 2023, in Mountain \nHome, Arkansas on respondents’ Motion to Dismiss for failure to prosecute pursuant to \nArkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation Act.  The claimant was pro se and failed to appear for the hearing.  The \nclaimant had alleged that she had sustained work injuries in the course and scope of her \nemployment on July 24, 2022, including injuries to her head, neck, left hip, and left lower \nextremity.  A Form AR-1 was filed with the Arkansas Workers’ Compensation Commission \non  July  29,  2022.    A  Form  AR-2  was  filed  with  the  Arkansas  Workers’  Compensation \nCommission  on August  4,  2022,  denying  the  claim.    The  Legal  Advisor  Division  of the \nCommission sent a letter to the claimant notifying her that her claim had been denied and \n\nCASON – H205426 \n \n2 \n \nadvised her of her rights to prosecute her claim.  On August 26, 2022, the claimant filed \na letter with the Commission requesting a hearing based upon the denial of her claim.  \n On October 10, 2022, a Prehearing Questionnaire was sent to the claimant and \nthe  claimant  failed  to  respond  to  the  questionnaire.  On  October  26,  2022,  the \nrespondents  propounded  interrogatories  and  a  medical  authorization  to  the  claimant \nwhich the claimant failed to respond to.   No hearing request or further action has been \ntaken by the claimant in regard to this matter in over six (6) months.  A Motion to Dismiss \nwas filed by the respondents in this matter on June 29, 2023.  \nAppropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss, was set for September 20, 2023, in Mountain Home, Arkansas.  The \nclaimant did not file a response and failed to appear on the hearing date.  At the time of \nthe hearing, David C. Jones appeared on behalf of the respondents and asked that the \nmatter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before the \nCommission,  and  having  an  opportunity  to  hear  the  statements  of  the  attorney  for  the \nrespondent,  I  find  that  this  matter  should  be  dismissed  without  prejudice,  for failure  to \nprosecute  pursuant  to  Ark.  Code  Ann.  §11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n \n Pursuant to the above statement of the case, there is no alternative but to dismiss \nthis claim in its entirety, without prejudice, for failure to prosecute. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205426 DANA CASON, EMPLOYEE CLAIMANT DOLGENCORP, LLC D/B/A/ DOLLAR GENERAL, EMPLOYER RESPONDENT SEDGWICK CLAIMS MANAGEMENT SERVICES, INC./TPA RESPONDENT OPINION FILED SEPTEMBER 26, 2023 Hearing before Administrative Law Judge James D. Kennedy in Mountain H...","fetched_at":"2026-05-19T23:03:11.015Z","links":{"html":"/opinions/alj-H205426-2023-09-26","pdf":"https://labor.arkansas.gov/wp-content/uploads//CASON_DANA_H205426_20230926.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}