{"id":"alj-H304964-2025-07-08","awcc_number":"H304964","decision_date":"2025-07-08","opinion_type":"alj","claimant_name":"Amber Harris","employer_name":"Dog Spa","title":"HARRIS VS. DOG SPA AWCC# H304964 July 08, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/HARRIS_AMBER_H304964_20250708.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"HARRIS_AMBER_H304964_20250708.pdf","text_length":2815,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H304964  \n \nAMBER J. HARRIS, EMPLOYEE            CLAIMANT \n \nDOG SPA, EMPLOYER                       RESPONDENT \nUNINSURED \n \n \nOPINION AND ORDER DATED JULY 8, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Mountain \nHome, Arkansas, was held on June 18, 2025. \nClaimant was represented by Frederick S. “Rick” Spencer of Mountain Home, \nArkansas. \nRespondents were represented by Jerry L. Lovelace, of Springdale, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 18\nth\n day of June, 2025, in \nMountain  Home Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Ark. Code  Ann.  11- 9 -702 and  Rule  099.13 of  the  Arkansas Workers’ \nCompensation Commission.   The claimant failed to appear, and his attorney waived his \nappearance, based upon the note from the claimant which was introduced into evidence \nand which stated “I, Amber Harris would no longer like to pursue my workmans [sic] comp \ncase against Tristin Hobbs.”  This note was dated April 15, 2025. \nThe respondents were represented by Jerry L. Lovelace, of Springdale, Arkansas, \nwho introduced two documents into the record.  The Motion to Dismiss was filed on what \nappears  to  be  March  31,  2025.    The  claimant  had  filed  her  AR-C on  August  7,  2023, \nalleging that she was due compensation for an injury sustained while employed by the \nDefendant and walking a dog that bit her right hand.      \n\nHarris – H304964 \n \n2 \n \n No response was filed by the Claimant to Respondent’s Motion to Dismiss, so an \nappropriate notice for a Motion to Dismiss hearing was provided to the Claimant, setting \nthe hearing for June 18, 2025, at 10:00 a.m., in Mountain Home, Arkansas.   \n A hearing was held on June 18, 2025, and the claimant failed to appear, and her \nattorney waived his appearance due to the note entered into the record which provided \nthat the claimant no longer wished to pursue her claim.  The evidence provided that no \nbona  fide  hearing  request  was  made  within  six  months  of  the  filing  of  the  AR-C.   The \nRespondents requested  that  the  matter  be  dismissed  pursuant  to  Rule  099.13  of  the \nArkansas Workers’ Compensation Commission and Ark. Code Ann. 11-9-702.    \nORDER \n Pursuant to the above statement of the case, as well as the documents entered \ninto the evidentiary record and statements by the attorney for the Respondents, there is \nno alternative but to grant the Motion to Dismiss without prejudice pursuant to Rule 099.13 \nof the Arkansas Workers’ Compensation Commission and Ark. Code Ann. 11-9-702.   \nIT IS SO ORDERED. \n      ____________________________ \n                JAMES D. KENNEDY \n                ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H304964 AMBER J. HARRIS, EMPLOYEE CLAIMANT DOG SPA, EMPLOYER RESPONDENT UNINSURED OPINION AND ORDER DATED JULY 8, 2025 The Hearing before Administrative Law Judge James D. Kennedy in Mountain Home, Arkansas, was held on June 18, 2025. Claimant was represent...","fetched_at":"2026-05-19T22:38:21.226Z","links":{"html":"/opinions/alj-H304964-2025-07-08","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/HARRIS_AMBER_H304964_20250708.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}