{"id":"alj-H302396-2023-12-19","awcc_number":"H302396","decision_date":"2023-12-19","opinion_type":"alj","claimant_name":"Rebecca Hall","employer_name":"Kohl’s Department Stores, Inc","title":"HALL VS. KOHL’S DEPARTMENT STORES, INC. AWCC# H302396 DECEMBER 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/HALL_REBECCA_H302396_20231219.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HALL_REBECCA_H302396_20231219.pdf","text_length":2683,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H302396 \n \nREBECCA R. HALL, EMPLOYEE        CLAIMANT \n \nKOHL’S DEPARTMENT STORES, INC., EMPLOYER         RESPONDENT \n \nSAFETY NATIONAL CASUALTY CORPORATION / \nSEDGWICK CLAIMS MANAGEMENT SERVICES, INC.,  \nCARRIER/TPA                           RESPONDENT \n            \nOPINION FILED DECEMBER 19, 2023 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty, Arkansas on December 19, 2023. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by  their attorney,  Mr. Michael E. Ryburn, Attorney-\nat-Law of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A  hearing  was  held  in  the  above-styled  matter  on  December 19,  2023,  in  Little \nRock, 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  filed  a  Form AR-C  on  April  13,  2023,  alleging  back  pain  with  the  injury \noccurring November 14, 2022.  A From AR-2 was filed on April 25, 2023, which provided \nthat it was a medical only claim.  The claimant has not requested a hearing, to date, and \nmore than six (6) months have passed since the filing of the original claim.  Respondents \nfiled a Motion to Dismiss on October 17, 2023, requesting that the matter be dismissed \nfor lack of prosecution pursuant to Commission Rule 099.13 and A.C.A. §11-9-702.  \n\nHALL – H302396 \n \n2 \n \n Appropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss was set for December 19, 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. Michael E. 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  Ark.  Code  Ann.  §  11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ 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. H302396 REBECCA R. HALL, EMPLOYEE CLAIMANT KOHL’S DEPARTMENT STORES, INC., EMPLOYER RESPONDENT SAFETY NATIONAL CASUALTY CORPORATION / SEDGWICK CLAIMS MANAGEMENT SERVICES, INC., CARRIER/TPA RESPONDENT OPINION FILED DECEMBER 19, 2023 Hearing before Administra...","fetched_at":"2026-05-19T22:59:53.376Z","links":{"html":"/opinions/alj-H302396-2023-12-19","pdf":"https://labor.arkansas.gov/wp-content/uploads/HALL_REBECCA_H302396_20231219.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}