{"id":"alj-H303953-2024-07-30","awcc_number":"H303953","decision_date":"2024-07-30","opinion_type":"alj","claimant_name":"Cynthia Joslun","employer_name":null,"title":"JOSLUN VS. BUTTERBALL, LLCAWCC# H303953July 30, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JOSLUN_CYNTHIA_H303953_20240730.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JOSLUN_CYNTHIA_H303953_20240730.pdf","text_length":2098,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO.  H303953 \n \nCYNTHIA JOSLUN, Employee CLAIMANT \n \nBUTTERBALL, LLC, Employer RESPONDENT \n  \nCCMSI, Carrier RESPONDENT \n \n OPINION/ORDER FILED JULY 30, 2024  \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS,  in Fort  Smith, \nSebastian County, Arkansas. \n \nClaimant represented by EVELYN E. BROOKS, Attorney, Fayetteville, Arkansas; although not \npresent at hearing. \n \nRespondent represented by ZACHARY RYBURN, Attorney, Little Rock, Arkansas. \n \n OPINION/ORDER \n \n This case comes on for review following a hearing on respondent’s Motion to Dismiss. \nOn June 22, 2023, Evelyn E. Brooks, claimant’s attorney, filed a Form AR-C requesting \nvarious compensation benefits; however, no hearing was requested. No further action was taken \nin this claim. \nOn  February  29,  2024,  the  respondents  filed  a  Motion  to  Dismiss  requesting  that  this \nclaim be dismissed for lack of prosecution. A hearing was scheduled for June 18, 2024. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on May 15, 2024. \nThat notice was returned by the United States Postal Department with the notation, “Return to \nSender.  Unclaimed.  Unable to Forward.” Ms. Brooks indicated by email on June 16, 2024, that \nshe would waive her appearance at the hearing and further indicated that she had no objection to \nthe Motion to Dismiss “WITHOUT prejudice.”    \n\nJoslun – H303953 \n2 \n \n After  my  review  of  respondent’s  Motion  to  Dismiss, Ms. Brooks’ response  thereto  that \nshe  had  no  objection  to  the  motion  to  dismiss  without  prejudice,  and  the claimant’s failure  to \nappear  at  the  scheduled  hearing, as  well  as all  other  matters  properly  before  the  Commission,  I \nfind that respondent’s Motion to Dismiss this claim should be and hereby is granted pursuant to \nA.C.A. §11-9-702(a)(4).  This dismissal is without prejudice.     \n IT IS SO ORDERED. \n \n       \n      ________________________________ \n      HONORABLE ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H303953 CYNTHIA JOSLUN, Employee CLAIMANT BUTTERBALL, LLC, Employer RESPONDENT CCMSI, Carrier RESPONDENT OPINION/ORDER FILED JULY 30, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS, in Fort Smith, Sebastian County, Arkansas. Claimant represented...","fetched_at":"2026-05-19T22:52:14.919Z","links":{"html":"/opinions/alj-H303953-2024-07-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JOSLUN_CYNTHIA_H303953_20240730.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}