{"id":"alj-H303422-2024-03-13","awcc_number":"H303422","decision_date":"2024-03-13","opinion_type":"alj","claimant_name":"Lori Brown","employer_name":"Casey’s General Stores, Inc","title":"BROWN VS. CASEY’S GENERAL STORES, INC. AWCC# H303422 MARCH 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","denied:1"],"injury_keywords":["back"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/BROWN_LORI_H303422_20240313.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BROWN_LORI_H303422_20240313.pdf","text_length":3015,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H303422 \n \nLORI J. BROWN, EMPLOYEE                   CLAIMANT \n \nCASEY’S GENERAL STORES, INC., EMPLOYER                    RESPONDENT \n \nACE AMERICAN INSURANCE COMPANY, \nINSURANCE CARRIER              RESPONDENT \n \nCANNON COCHRAN MANAGEMENT  \nSERVICES,INC. d/b/a CCMSI, TPA                      RESPONDENT \n            \nOPINION FILED MARCH 13, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, Pulaski \nCounty,  Arkansas on March 5, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by Mr. Eric Newkirk, Attorney-at-Law of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above-styled matter on March 5, 2024, in Little Rock, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas \nCode Annotated §11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation \nAct.  The claimant was pro se and failed to appear for the hearing.  The claimant had filed \na Form AR-C on May 26, 2023, contending that she had injured her back/spine injury (left \nside of her back) that allegedly occurred on April 29, 2023.  The First Report of Injury as \nwell as the Form AR-2 timely submitted by the respondents on May 30, 2023, verified that \nthe claim was denied for failure to meet the requirements of compensability pursuant to \nArkansas Law.  Correspondence from the Legal Advisor Division of the Commission on \nMay 30, 2023, informed the claimant of the respondent’s position.   \n\n A Motion to Dismiss was filed on or about December 20, 2023, requesting that the \nmatter be dismissed for failure to prosecute pursuant to A.C.A. §11-9-702(a)(4) and Rule \n099.13.  The claimant has not requested a hearing to date and more than (6) six months \nhave passed since the filing of the original claim nor is there any record of her contacting \nthe Commission.   \n Appropriate notice was provided to the claimant notifying her that a hearing on the \nMotion to Dismiss was set for March 5, 2024, in Little Rock, Arkansas.  The claimant did \nnot file a response and failed to appear on the hearing date.  At the time of the hearing, \nEric  Newkirk 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, it is found that this matter should be dismissed without prejudice, for failure \nto  prosecute  pursuant  to  Ark. Code Ann. §11-9-702  and  Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Act. \nORDER \n \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. H303422 LORI J. BROWN, EMPLOYEE CLAIMANT CASEY’S GENERAL STORES, INC., EMPLOYER RESPONDENT ACE AMERICAN INSURANCE COMPANY, INSURANCE CARRIER RESPONDENT CANNON COCHRAN MANAGEMENT SERVICES,INC. d/b/a CCMSI, TPA RESPONDENT OPINION FILED MARCH 13, 2024 Hearing ...","fetched_at":"2026-05-19T22:56:16.062Z","links":{"html":"/opinions/alj-H303422-2024-03-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/BROWN_LORI_H303422_20240313.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}