{"id":"alj-H302492-2023-12-19","awcc_number":"H302492","decision_date":"2023-12-19","opinion_type":"alj","claimant_name":"Joan Curtis","employer_name":"Crossing At Riverside Health","title":"CURTIS VS. CROSSING AT RIVERSIDE HEALTH AWCC# H302492 DECEMBER 19, 2023","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/CURTIS_JOAN_H302492_20231219.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"CURTIS_JOAN_H302492_20231219.pdf","text_length":2666,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H302492 \n \nJOAN M. CURTIS, EMPLOYEE           CLAIMANT \n \nCROSSING AT RIVERSIDE HEALTH, EMPLOYER            RESPONDENT \n \nASIT / CMSI, CARRIER/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. Jarrod S. Parrish, Attorney-at-\nLaw 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 4, 2023.  The First Report of Injury was filed on \nApril  26,  2023,  and  it  provided  that  the  injury  did  not  occur  on  the  premises  of  the \nemployer.  The From AR-2 was also filed on April 26, 2023, denying the claim.  A Motion \nto  Dismiss  was  filed  on  October  31,  2023,  requesting  that  the matter  be  dismissed for \nfailure to prosecute pursuant to Commission Rule 099.13 and Ark. Code Ann. § 11-9-702.  \nThe  claimant  has  not  requested  a  hearing  to  date  and  more  than  six  (6)  months  have \npassed since the filing of the original claim.   \n\nCURTIS – H302492 \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, \nJarrod S. Parrish 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 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. H302492 JOAN M. CURTIS, EMPLOYEE CLAIMANT CROSSING AT RIVERSIDE HEALTH, EMPLOYER RESPONDENT ASIT / CMSI, CARRIER/TPA RESPONDENT OPINION FILED DECEMBER 19, 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski County, Arkansas...","fetched_at":"2026-05-19T22:59:49.185Z","links":{"html":"/opinions/alj-H302492-2023-12-19","pdf":"https://labor.arkansas.gov/wp-content/uploads/CURTIS_JOAN_H302492_20231219.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}