{"id":"alj-H304517-2024-05-28","awcc_number":"H304517","decision_date":"2024-05-28","opinion_type":"alj","claimant_name":"Ana Parker","employer_name":"Conway Family Dental","title":"PARKER VS. CONWAY FAMILY DENTAL AWCC# H304517 MAY 28, 2024","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["shoulder"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/PARKER_ANA_H304517_20240528.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"PARKER_ANA_H304517_20240528.pdf","text_length":2589,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H304517 \n \nANA L. PARKER, EMPLOYEE            CLAIMANT \n \nCONWAY FAMILY DENTAL, EMPLOYER    RESPONDENT \n \nMARKEL SERVICE INCORPORATED IS THE  \nSERVICING ENTITY FOR THE WORKERS’  \nCOMPENSATION CARRIER, FIRSTCOMP INSURANCE  RESPONDENT \n            \n \n \nOPINION FILED MAY 28, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on May 21, 2024. \n \nClaimant is pro se and failed to appear. \n \nRespondents are represented by their attorney, Amelia Botteicher, Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on May 21, 2024, in Little Rock, \nArkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to \nArkansas Code Ann. 11-9-702 and Rule 13 of the Workers’ Compensation Act.   The \n\nclaimant was Pro Se and originally filed a Form AR-C on August 30, 2023, claiming \ntemporary partial and other benefits.   A Form AR- 2 was filed on or about September \n28, 2023, and also on July 18, 2023, accepting the injury to the right hand and long \nfinger, but denying the claim to the right shoulder.  At the time of the above hearing, the \nclaimant was pro se and failed to appear for the hearing.    \nA Request to Dismiss the Claim and the cover letter provided notice for the filing \ndated March 11, 2024, which requested that the matter be dismissed for lack of \nprosecution.  The claimant has not requested a hearing to date and more than six \nmonths have passed since the filing of the original claim.   \n Appropriate notice was provided to the claimant notifying her that a hearing on \nthe Motion to Dismiss was set for May 21, 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 \nhearing, Amelia Botteicher appeared on behalf of the Respondents and asked that the \nmatter be dismissed for lack of prosecution. \n After a review of the record as a whole, to include all evidence properly before \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, I find that this matter should be dismissed without prejudice, for failure \nto prosecute 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 \ndismiss this claim in its entirety, without prejudice, for failure to prosecute. \n\n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304517 ANA L. PARKER, EMPLOYEE CLAIMANT CONWAY FAMILY DENTAL, EMPLOYER RESPONDENT MARKEL SERVICE INCORPORATED IS THE SERVICING ENTITY FOR THE WORKERS’ COMPENSATION CARRIER, FIRSTCOMP INSURANCE RESPONDENT OPINION FILED MAY 28, 2024 Hearing before Administra...","fetched_at":"2026-05-19T22:54:49.827Z","links":{"html":"/opinions/alj-H304517-2024-05-28","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/PARKER_ANA_H304517_20240528.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}