{"id":"alj-H205886-2023-12-12","awcc_number":"H205886","decision_date":"2023-12-12","opinion_type":"alj","claimant_name":"Jessica Hamilton","employer_name":"Home Depot","title":"HAMILTON VS. HOME DEPOT AWCC# H205886 DECEMBER 12, 2023","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HAMILTON_JESSICA_H205886_20231212.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HAMILTON_JESSICA_H205886_20231212.pdf","text_length":2866,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H205886 \n \nJESSICA HAMILTON, EMPLOYEE        CLAIMANT \n \nHOME DEPOT, EMPLOYER             RESPONDENT \n \nLIBERTY MUTUAL INS. CO. CARRIER/TPA             RESPONDENT \n            \nOPINION FILED DECEMBER 12, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on December 5, 2023. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. Jason M. Ryburn, Attorney-at-\nLaw of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on December 5, 2023, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated   §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.   The claimant was pro se and failed to appear for the hearing.  The Claimant had \nalleged an injury date of February 11, 2022, and filed a Form AR-C on August 19, 2022, \ncontending that she suffered a contusion while helping pull out a roll of vinyl.  There was \nno  lost  time  involved  with  this  claim  per  the  Form  AR-C.  The  claimant  was  originally \nrepresented  by  Laura Beth  York  who  was  allowed  to  withdraw  by  an  Order  of  the  Full \nCommission dated September 26, 2023.  The claimant had not requested a hearing or \ntaken the necessary steps to go to a hearing.  A Motion to Dismiss was filed on September \n27, 2023, requesting that the matter be dismissed.  \n\nHAMILTON – H205886 \n \n2 \n \n No hearing request or further action had been taken by the claimant in regard to \nthis matter in over six (6) months.  A Motion to Dismiss was filed by the respondents in \nthis matter on September 27, 2023.  \nAppropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss, was set for December 5, 2023, in Little Rock, Arkansas.  The claimant \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nMr. Jason M. Ryburn appeared on behalf of the respondents and asked that the matter \nbe 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  Arkansas  Code  Annotated  §11-9-702  and  Rule  099.13  of  the \nArkansas Workers’ Compensation Act. \nORDER \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 IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H205886 JESSICA HAMILTON, EMPLOYEE CLAIMANT HOME DEPOT, EMPLOYER RESPONDENT LIBERTY MUTUAL INS. CO. CARRIER/TPA RESPONDENT OPINION FILED DECEMBER 12, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas on D...","fetched_at":"2026-05-19T22:59:17.819Z","links":{"html":"/opinions/alj-H205886-2023-12-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/HAMILTON_JESSICA_H205886_20231212.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}