{"id":"alj-H300915-2025-11-04","awcc_number":"H300915","decision_date":"2025-11-04","opinion_type":"alj","claimant_name":"Tiffany Edington","employer_name":"Baxter County Regional Hospital, Inc","title":"EDINGTON VS. BAXTER COUNTY REGIONAL HOSPITAL, INC. AWCC# H300915 November 04, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/EDINGTON_TIFFANY_H300915_20251104.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"EDINGTON_TIFFANY_H300915_20251104.pdf","text_length":3082,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H300915 \n \nTIFFANY L. EDINGTON, EMPLOYEE     CLAIMANT \nBAXTER COUNTY REGIONAL HOSPITAL, \nINC., EMPLOYER               RESPONDENT \n \nRISK MANAGEMENT RESOURCES, TPA    RESPONDENT \n \nOPINION AND ORDER FILED NOVEMBER 4, 2025  \nThe Hearing before Administrative Law Judge James D. Kennedy was held in Little \nRock, Arkansas, on October 21, 2025. \nClaimant was represented by Frederick S. “Rick” Spencer. \nRespondents were represented by Carol Lockard Worley, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 21\nst\n day of October, 2025, in \nLittle  Rock,  Arkansas, on Respondent’s  Motion  to  Dismiss  for  failure  to  prosecute \npursuant  to  Ark. Code  Ann.  11-9 -702  and 11  C.A.R. 25 – 110(d) of  the rules  of  the \nArkansas Workers’ Compensation, formally  known  as  Rule  099.13. The Claimant  was \nrepresented by Frederick S. “Rick” Spencer and Claimant waived her right to appear. The \nRespondents were represented by Carol Lockard Worley of Little Rock, Arkansas, who \nintroduced 11 pages of documents that were admitted into the evidentiary record.  \n The documents included a First Report of Injury, which provided that the date of \nthe  injury  was  January  26,  2023.  An  AR-2  Form  provided  that  the  right  shoulder  was \ninjured and that the first day of disability was January 27, 2023. An AR-C Form was filed \non March 25, 2024, which provided that the claimant was injured while lifting an obese \npatient. A Motion to Dismiss was filed on or about August 26, 2025, contending that the \n\nTiffany L. Edington – H300915 \n2 \n \nClaimant had  failed  to  prosecute  her  claim  and  requested  that  an  Order  be  entered \ndismissing the claim.  \n The Claimant through her attorney initially objected to the Motion to Dismiss, but \nlater responded by letter that “Since the Respondent has agreed to allow the Claimant to \nhave a follow up appointment with Dr. Wesley Cox, the Claimant has no objection to the \nMotion to Dismiss Without Prejudice” and further notified the Commission by email that \nthe Claimant would not be attending the “MTD hearing.”  \n An  appropriate  notice  to  the  parties  was  provided  and  a hearing  was  held  on \nOctober 21, 2025, where the claimant waived her appearance. The Respondents were \nrepresented  by Carol Worley,  who  requested  that  the matter be  dismissed  pursuant  to \nArk.   Code   Ann.   11- 9-702   and   11   C.A.R.   25-110(d) of  the  Arkansas  Workers’ \nCompensation Commission. \nORDER \n Pursuant to the above statement of the case, as well as the documents entered \ninto the evidentiary record and statements by the Attorney for the Respondents, there is \nno alternative but to grant the Motion to Dismiss without prejudice pursuant to 11 CAR \n25-110(d) of the Arkansas Workers’ Compensation Commission and Ark. Code Ann. \n11-9-702. \n IT IS SO ORDERED. \n                \n      ____________________________ \n                JAMES D. KENNEDY \n                ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H300915 TIFFANY L. EDINGTON, EMPLOYEE CLAIMANT BAXTER COUNTY REGIONAL HOSPITAL, INC., EMPLOYER RESPONDENT RISK MANAGEMENT RESOURCES, TPA RESPONDENT OPINION AND ORDER FILED NOVEMBER 4, 2025 The Hearing before Administrative Law Judge James D. Kennedy was hel...","fetched_at":"2026-05-19T22:34:10.422Z","links":{"html":"/opinions/alj-H300915-2025-11-04","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/EDINGTON_TIFFANY_H300915_20251104.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}