{"id":"alj-H305669-2024-09-10","awcc_number":"H305669","decision_date":"2024-09-10","opinion_type":"alj","claimant_name":"Mkeesha Moffett","employer_name":"Staffmark","title":"MOFFETT VS. STAFFMARK AWCC# H305669 September 11, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6"],"injury_keywords":["wrist"],"pdf_url":"https://labor.arkansas.gov/wp-content/uploads/MOFFETT_MKEESHA_H305669_20240910.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MOFFETT_MKEESHA_H305669_20240910.pdf","text_length":2741,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H305669 \n \nMESHA MOFFETT, EMPLOYEE            CLAIMANT \nSTAFFMARK, EMPLOYER      RESPONDENT \nACE INA GROUP/CCMSI, CARRIER/TPA    RESPONDENT  \n \nOPINION FILED SEPTEMBER 11, 2024 \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas on September 10, 2024. \nClaimant is pro se and failed to appear. \nRespondents are represented by their attorney, Melissa Wood, of Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on September  10, 2024, in Little \nRock, Arkansas, 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 \nclaimant was originally represented by counsel and filed a Form AR-C on December 9, \n2023, claiming that she had injured her wrist and hand. A Form AR- 2 had been previously \nfiled on September1, 2023, which provided the date of injury to be June 27, 2023. The \nfirst day of disability was August 31, 2023, and the claim was accepted as compensable. \nThe  claimant  had  reached  MMI  on  March 25,  2024, and  was originally  represented  by \nMark Peoples, Attorney at Law, who was allowed to withdraw by an Order from the Full \nCommission, dated June 25, 2024.    \n\nMoffett – H305669 \n \nA Motion to Dismiss the  Claim was  filed  on July  10,  2024,  contending  that  the \nclaimant had failed to prosecute the claim per the law and rules of the Commission.  The \nclaimant  has  not  requested  a  hearing  to  date  and  more  than  six  months  have  passed \nsince the filing of the original claim.   \n Appropriate notice was provided to the claimant at her last known address notifying \nher that  a hearing on  the Motion to Dismiss was  set  for September  10, 2024,  in Little \nRock, Arkansas. The claimant did not file a response and failed to appear on the hearing \ndate. At the time of the hearing, Melissa Wood appeared on behalf of the Respondents \nand asked that the matter be dismissed 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  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       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H305669 MESHA MOFFETT, EMPLOYEE CLAIMANT STAFFMARK, EMPLOYER RESPONDENT ACE INA GROUP/CCMSI, CARRIER/TPA RESPONDENT OPINION FILED SEPTEMBER 11, 2024 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas on September 10, 2024. Cla...","fetched_at":"2026-05-19T22:48:44.479Z","links":{"html":"/opinions/alj-H305669-2024-09-10","pdf":"https://labor.arkansas.gov/wp-content/uploads/MOFFETT_MKEESHA_H305669_20240910.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}