{"id":"alj-H302869-2024-05-20","awcc_number":"H302869","decision_date":"2024-05-20","opinion_type":"alj","claimant_name":"Barbara Tidwell","employer_name":"Landers Toyota Nwa","title":"TIDWELL VS. LANDERS TOYOTA NWA AWCC# H302869 MAY 20, 2024","outcome":"dismissed","outcome_keywords":["dismissed:4","granted:2"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/TIDWELL_BARBARA_H302869_20240520.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"TIDWELL_BARBARA_H302869_20240520.pdf","text_length":2511,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n   \n CLAIM NO.  H302869 \n \nBARBARA TIDWELL,  Employee                                                         CLAIMANT \n \nLANDERS TOYOTA NWA, Employer                                                      RESPONDENT                                                        \n \nLM INSURANCE CORPORATION, Carrier                                              RESPONDENT                                                                                         \n \n \n OPINION/ORDER FILED MAY 20, 2024 \n \nHearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, \nWashington County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents represented by DAVID C. JONES,  Attorney, Little Rock, Arkansas. \n \n \n \n OPINION/ORDER \n  \n This  case  comes  on  for  review  following  a  hearing  on respondent’s Motion to \nDismiss. \n On March 1, 2023, claimant suffered a compensable injury as the result of a motor \nvehicle accident.  Respondent accepted the claim and paid some compensation benefits.  \nOn May 3, 2023, a Form AR-C was filed on claimant’s behalf and the parties subsequently \nengaged in the discovery process.  At some point Attorney York filed a Motion to Withdraw \nas Counsel and that motion was granted by the Full Commission in an Order filed October \n24,  2023.    No  further  action  was  taken  until respondent  filed its Motion  to Dismiss on \nFebruary 29, 2024. \nA hearing on the respondent’s motion was scheduled for May 8, 2024 and notice \nof the hearing was sent to claimant by certified mail at her last known address.  The notice \n\nTidwell – H302869 \n \n2 \n \nwas returned to the Commission as “Unclaimed.”  In addition, claimant signed a Waiver \nof Appearance sent to her by the respondent on March 28, 2024, indicating that she was \naware of her right to be heard on the respondent’s Motion to Dismiss and stating that she \nwas  waiving  that  right  as  well  as  her  right  to  appear at  the  hearing.  Claimant  did  not \nappear at the hearing on May 8, 2024. \n After my review of the respondent’s motion, the claimant’s response thereto, and \nall other matters properly before the Commission, I find that respondent’s Motion  to \nDismiss should be and hereby is granted.  This dismissal is pursuant to Commission Rule \n099.13 and it is without prejudice. \n IT IS SO ORDERED. \n \n      _____________________________________ \n       GREGORY K. STEWART \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302869 BARBARA TIDWELL, Employee CLAIMANT LANDERS TOYOTA NWA, Employer RESPONDENT LM INSURANCE CORPORATION, Carrier RESPONDENT OPINION/ORDER FILED MAY 20, 2024 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Springdale, Washington County, Ark...","fetched_at":"2026-05-19T22:54:30.834Z","links":{"html":"/opinions/alj-H302869-2024-05-20","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/TIDWELL_BARBARA_H302869_20240520.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}