{"id":"alj-H306644-2024-07-09","awcc_number":"H306644","decision_date":"2024-07-09","opinion_type":"alj","claimant_name":"Gale Woodell","employer_name":null,"title":"WOODELL VS. INDIAN ROCK VILLAGEAWCC# H306644July 9, 2024","outcome":"dismissed","outcome_keywords":["dismissed:9"],"injury_keywords":["knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/WOODELL_GALE_H306644_20240709.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"WOODELL_GALE_H306644_20240709.pdf","text_length":2816,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \n \nCLAIM NO. H306644 \n \nGALE WOODELL, EMPLOYEE     CLAIMANT \n \nINDIAN ROCK VILLAGE, EMPLOYER    RESPONDENT \n \nWESCO INSURANCE CO., TPA/CARRIER   RESPONDENT \n \n           \n \n \nOPINION FILED JULY 9, 2024 \n \nHearing before Administrative Law Judge James D. Kennedy in Clinton, Arkansas \non June 28, 2024. \n \nClaimant is represented by her attorney, Laura Beth York, Little Rock. Arkansas. \n \nRespondents are represented by their attorney, William C. Frye, North Little Rock, \nArkansas. \n \nSTATEMENT OF THE CASE \n \n A hearing was held in the above styled matter on June 28, 2024, in Clinton, \nArkansas on respondent’s Motion to Dismiss for failure to prosecute pursuant to A.C.A. \n11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act.  Although the \nclaimant did not appear, the claimant through her representative notified the \n\nCommission that she had no objection to the matter being dismissed, if dismissed \nwithout prejudice.  Claimant had filed a Form AR – C on or about November 2, 2023 \ncontending that she had injured her right knee and other whole body while in the course \nand scope of her employment.  A First Report of Injury was filed on November 2, 2023, \nwhich provided that the claimant had fallen or slipped, which resulted in the claimant \ntearing her right knee meniscus.  An AR – 2 was also filed on or about November 2, \n2023, which stated the date of injury was January 31, 2023, and that the claim was \nmedical only.     \n A Motion to Dismiss was filed by the respondents, requesting that the matter be \ndismissed for failure to prosecute pursuant to A.C.A. 11-9-702(a) (4) and Rule 099.13.  \nThe claimant has not requested a hearing to date and more than six months have \npassed since the filing of the original claim.     \n Appropriate notice was provided to the claimant notifying of a hearing on the \nMotion to Dismiss on June 28, 2024, in Clinton, Arkansas.  The claimant did in fact \nrespond by a letter from her attorney.  At the time of the hearing, William C. Frye, \nappeared on behalf of the Respondents and asked that the matter be dismissed for lack \nof 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 Respondents, it is found that this matter should be dismissed without prejudice, for \nfailure to prosecute pursuant to A.C.A. 11-9-702 and Rule 099.13 of the Arkansas \nWorkers’ Compensation Act. \n\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. \nIT IS SO ORDERED \n \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H306644 GALE WOODELL, EMPLOYEE CLAIMANT INDIAN ROCK VILLAGE, EMPLOYER RESPONDENT WESCO INSURANCE CO., TPA/CARRIER RESPONDENT OPINION FILED JULY 9, 2024 Hearing before Administrative Law Judge James D. Kennedy in Clinton, Arkansas on June 28, 2024. Claimant ...","fetched_at":"2026-05-19T22:51:01.478Z","links":{"html":"/opinions/alj-H306644-2024-07-09","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/WOODELL_GALE_H306644_20240709.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}