{"id":"alj-H303756-2024-03-13","awcc_number":"H303756","decision_date":"2024-03-13","opinion_type":"alj","claimant_name":"Andrea Mckennon","employer_name":"Chambers Health & Rehabilitation","title":"McKENNON VS. CHAMBERS HEALTH & REHABILITATION AWCC# H303756 MARCH 13, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","denied:2"],"injury_keywords":[],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/McKENNON_ANDREA_H303756_20240313.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"McKENNON_ANDREA_H303756_20240313.pdf","text_length":2761,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H303756 \n \nANDREA R. McKENNON, EMPLOYEE        CLAIMANT \n \nCHAMBERS HEALTH & REHABILITATION, EMPLOYER           RESPONDENT \n \nARKANSAS SELF-INSURANCE TRUST / CCMSI, \nCARRIER/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 Ms. Melissa Wood, 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 respondents’ 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 or about June 13, 2023, contending that she had developed COVID from \na work-related incident, which had occurred on April 17, 2023.  The claim was denied in \nits entirety.   The First Report of Injury in regard to this claim was filed on June 21, 2023.  \nThe Form AR-2 was filed on February 12, 2024, which denied the claim in its entirety and \nstated the COVID was due to an outside COVID exposure.   \nA Motion to Dismiss was filed on February 12, 2024, requesting that the matter be \ndismissed for failure to prosecute pursuant to Commission Rule 099.13 and Ark. Code \n\nAnn. §11-9-702.  The claimant has not requested a hearing to date and more than six (6) \nmonths have passed since the filing of the original claim.   \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, \nMelissa  Wood 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 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. H303756 ANDREA R. McKENNON, EMPLOYEE CLAIMANT CHAMBERS HEALTH & REHABILITATION, EMPLOYER RESPONDENT ARKANSAS SELF-INSURANCE TRUST / CCMSI, CARRIER/TPA RESPONDENT OPINION FILED MARCH 13, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little...","fetched_at":"2026-05-19T22:56:24.347Z","links":{"html":"/opinions/alj-H303756-2024-03-13","pdf":"https://labor.arkansas.gov/wp-content/uploads/McKENNON_ANDREA_H303756_20240313.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}