{"id":"alj-H207326-2023-10-25","awcc_number":"H207326","decision_date":"2023-10-25","opinion_type":"alj","claimant_name":"Charity Coles","employer_name":null,"title":"COLES VS.FAMILY VIOLENCE PREVENTION AWCC# H207326 OCTOBER 25, 2023","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads//COLES_CHARITY_H207326_20231025.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"COLES_CHARITY_H207326_20231025.pdf","text_length":2547,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H207326 \n \nCHARITY D. COLES, EMPLOYEE           CLAIMANT \n \nFAMILY VIOLENCE PREVENTION, EMPLOYER          RESPONDENT \n \nFIRSTCOMP INSURANCE COMPANY \nMARKEL SEVICE, INC, CARRIER/TPA            RESPONDENT \n            \nOPINION FILED OCTOBER 25, 2023 \n \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  in   Batesville, \nIndependence County, Arkansas. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Mr. Randy P. Murphy, Attorney-at-\nLaw of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on October 25, 2023, in Batesville, \nArkansas, on  respondent’s  Motion  to Dismiss  for  failure  to  prosecute  pursuant  to  Ark. \nCode Ann. §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  The \nclaimant was pro se and failed to appear for the hearing.  Claimant had been originally \nrepresented by Laura Beth York, who had been allowed to withdraw by an Order of the \nFull Commission, dated December 1, 2022.  The claimant had alleged she had sustained \na work-related injury entitling her to rehabilitation, medical expenses, and pay from lost \ntime at work.  The claimant has failed to take any action since requesting a hearing back \non  or  about  December  15,  2022,  and  apparently    talking  to  a  legal  advisor  with  the \nCommission.  \nAppropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss was set for October 25, 2023, in Batesville, Arkansas.  The claimant \n\nCOLES – H207326 \n \n2 \n \ndid not file a response and failed to appear on the hearing date.  At the time of the hearing, \nRandy P. Murphy appeared on behalf of the respondents and asked that the matter be \ndismissed 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 IT IS SO ORDERED. \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H207326 CHARITY D. COLES, EMPLOYEE CLAIMANT FAMILY VIOLENCE PREVENTION, EMPLOYER RESPONDENT FIRSTCOMP INSURANCE COMPANY MARKEL SEVICE, INC, CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 25, 2023 Hearing before Administrative Law Judge James D. Kennedy in Bat...","fetched_at":"2026-05-19T23:02:02.001Z","links":{"html":"/opinions/alj-H207326-2023-10-25","pdf":"https://labor.arkansas.gov/wp-content/uploads//COLES_CHARITY_H207326_20231025.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}