{"id":"alj-H302383-2024-09-12","awcc_number":"H302383","decision_date":"2024-09-12","opinion_type":"alj","claimant_name":"Madelyn Spence","employer_name":"Perimeter Behavioral Health","title":"SPENCE VS. PERIMETER BEHAVIORAL HEALTH AWCC# H302383 September 12, 2024","outcome":"dismissed","outcome_keywords":["dismissed:3","granted:1"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/SPENCE_MADELYN_H302383_20240912.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SPENCE_MADELYN_H302383_20240912.pdf","text_length":2240,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H302383 \n \nMADELYN C. SPENCE, EMPLOYEE   CLAIMANT \n \nPERIMETER BEHAVIORAL HEALTH, EMPLOYER RESPONDENT \n \nUNITED WISCONSIN INSURANCE COMPANY/INSURANCE CARRIER RESPONDENT \n \nOPINION/ORDER FILED SEPTEMBER 12, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in Springdale, Washington \nCounty, Arkansas. \n \nClaimant is represented by JASON L. WATSON, Attorney, Fayetteville, Arkansas. \n \nRespondents are represented by JAMES A. ARNOLD II, Attorney, Fort Smith, Arkansas \n \nOPINION/ORDER \n \n On  April 12, 2023, claimant filed Form AR-C, alleging a compensable injury on December \n5,  2022.   Claimant  was  represented  at  the  time  by Jason  L.  Watson,  who  remains her attorney  of \nrecord.     \nOn June 11, 2024, respondent filed a Motion to Dismiss, alleging that it had been more than \nsix months since claimant filed his Form AR-C with the Commission, but she had not made a request \nfor  a  hearing  in  that  time.   Claimant’s attorney advised the Commission he cannot  agree  with  the \ndismissal but would  not  attend  the  hearing.    A  hearing  on respondent’s Motion to Dismiss was \nscheduled for August 29, 2024.  Notice of the scheduled hearing was sent to claimant by certified mail \nat the last known address in the Commission’s file.  The notice was returned unclaimed on August 2, \n2024.  Claimant did not respond to respondent’s motion and did not appear in person at the hearing \non August 29, 2024.   \nI find it has been more than six months since prior to this hearing and that no request for a \n\nSpence-H302383 \n \n2 \n \nhearing has been made in this file.  After my review of the respondent’s motion, the Claimant’s lack \nof response and failure to attend the hearing for the respondent’s motion, as well as all other matters \nproperly before the Commission, I find that respondent’s Motion to Dismiss this claim should be and \nhereby is granted.  This dismissal is pursuant to Commission Rule 099.13 and is without prejudice. \nIT IS SO ORDERED. \n \n \n      _______________________________________                                                                                    \n      JOSEPH C. SELF \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302383 MADELYN C. SPENCE, EMPLOYEE CLAIMANT PERIMETER BEHAVIORAL HEALTH, EMPLOYER RESPONDENT UNITED WISCONSIN INSURANCE COMPANY/INSURANCE CARRIER RESPONDENT OPINION/ORDER FILED SEPTEMBER 12, 2024 Hearing before ADMINISTRATIVE LAW JUDGE JOSEPH C. SELF, in S...","fetched_at":"2026-05-19T22:48:59.210Z","links":{"html":"/opinions/alj-H302383-2024-09-12","pdf":"https://labor.arkansas.gov/wp-content/uploads/SPENCE_MADELYN_H302383_20240912.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}