{"id":"alj-H303196-2024-10-29","awcc_number":"H303196","decision_date":"2024-10-29","opinion_type":"alj","claimant_name":"Cynthia Barnes","employer_name":"Booker T. Washington Elem. Schl","title":"BARNES VS. BOOKER T. WASHINGTON ELEM. SCHL. AWCC# H303196 October 29, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BARNES_CYNTHIA_H303196_20241029.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BARNES_CYNTHIA_H303196_20241029.pdf","text_length":2703,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H303196 \n \nCYNTHIA BARNES, EMPLOYEE     CLAIMANT \nBOOKER T. WASHINGTON ELEM. SCHL., EMPLOYER  RESPONDENT \nARKANAS SCHOOL BOARDS ASSOC., WCT CARRIER/TPA RESPONDENT  \n \nOPINION FILED OCTOBER 29, 2024 \nHearing  before  Administrative  Law  Judge  James  D.  Kennedy  in Little  Rock, \nArkansas on October 22, 2024. \nClaimant is pro se and failed to appear. \nRespondents   are   represented   by their   attorney, Carol   Worley, Little   Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on October 22, 2024, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. \n The claimant was pro se and failed to appear for the hearing. The claimant’s claim \nwas  filed on  May 23, 2023, and she alleged  that she was injured at  work  on  March 8, \n2023.  An AR – 1 Form was received on May 17, 2023, and an AR – 2 Form was received \non  May  17,  2023,  and  no  position  in  regard  to  the  claim  was  stated  in  the  form.  The \nclaimant obtained a Change of Physician Order from the Commission on June 5, 2023. \n  A Motion to Dismiss was filed on August 27, 2024, requesting that the matter be \ndismissed for failure to prosecute.  The claimant has not requested a hearing to date and \nmore than six months have passed since the filing of the original claim nor is there any \n\nBARNES – H303196 \nrecord  of  her  contacting  the  Commission  after  the  date  her  attorney  was  allowed  to \nwithdraw.   \n Appropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss was set for October 22, 2024, 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, \nCarol  Worley, 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  A.C.A.  11-9-702  and  Rule  099.13  of  the  Arkansas  Workers’ \nCompensation 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. H303196 CYNTHIA BARNES, EMPLOYEE CLAIMANT BOOKER T. WASHINGTON ELEM. SCHL., EMPLOYER RESPONDENT ARKANAS SCHOOL BOARDS ASSOC., WCT CARRIER/TPA RESPONDENT OPINION FILED OCTOBER 29, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, ...","fetched_at":"2026-05-19T22:48:10.919Z","links":{"html":"/opinions/alj-H303196-2024-10-29","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BARNES_CYNTHIA_H303196_20241029.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}