{"id":"alj-H306957-2024-11-05","awcc_number":"H306957","decision_date":"2024-11-05","opinion_type":"alj","claimant_name":"Cherie Bolton","employer_name":"Marck Industries","title":"BOLTON VS. MARCK INDUSTRIES AWCC# H306957 November 05, 2024","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:2","denied:1"],"injury_keywords":["knee"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/BOLTON_CHERIE_H306957_20241105.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"BOLTON_CHERIE_H306957_20241105.pdf","text_length":2578,"full_text":"-1- \n \n BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H306957 \n \nCHERIE BOLTON, Employee      CLAIMANT \n \nMARCK INDUSTRIES, Employer      RESPONDENT \n \nGALLAGHER BASSETT SERVICES, AMERICA Carrier/TPA  RESPONDENT \n \n \n OPINION FILED NOVEMBER 5, 2024  \n \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE  ERIC  PAUL  WELLS  in Russellville, Pope \nCounty, Arkansas. \n       \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondent represented by JON P. ROBINSON, Attorney at Law, Fort Smith, Arkansas. \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondents’ Motion to Dismiss. \nOn December  6,  2023,  the  claimant’s  attorney, Laura  Beth  York,  filed  an  AR-C \nrequesting  various  compensation  benefits  in  which she  alleged  injuries  to her right  knee on  or \nabout October 16, 2023. The claim was denied in its entirety.  \nOn May  10,  2024, Ms.  York filed  a  Motion  to  Withdraw  as  Counsel,  which  the  Full \nCommission granted on June 25, 2024. No further action was taken regarding this claim. \n On August 20, 2024, the respondents filed a Motion to Dismiss requesting that this claim \nbe dismissed for lack of  prosecution. A hearing  was scheduled  for October 29, 2024. Notice of \nthat hearing was sent to the claimant by certified mail, return receipt requested on September 26, \n2024. United States Postal Department records indicate that claimant received and signed for the \nnotice  on September  30,  2024.  Despite  having  received  notice  of  the  scheduled  hearing,  the \n\nBolton – H306957 \n \n-2- \nclaimant  failed  to  appear  at  the  hearing  and  has  failed  to  respond  to  the  motion  in  any  form  or \nmanner. \n After my review of the respondents’ Motion to Dismiss, the claimant’s lack of response \nthereto, and all other matters properly before the Commission, I find that respondents’ Motion to \nDismiss  this  claim  should  be  and  hereby  is  granted  pursuant  to  Commission  Rule  099.13.  This \ndismissal is without prejudice.  \nORDER \n Pursuant  to  the  above  statement  of  the  case  and  Commission  Rule  099.13,  I  have  no \nalternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. \n If  respondents  have  not  already  done  so,  they  are  directed  to  pay  the  court  reporter, \nVeronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. \n IT IS SO ORDERED. \n      ___________________________________ \n       ERIC PAUL WELLS \n      ADMINISTRATIVE LAW JUDGE","preview":"-1- BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H306957 CHERIE BOLTON, Employee CLAIMANT MARCK INDUSTRIES, Employer RESPONDENT GALLAGHER BASSETT SERVICES, AMERICA Carrier/TPA RESPONDENT OPINION FILED NOVEMBER 5, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Russellville, Pope County, ...","fetched_at":"2026-05-19T22:46:06.996Z","links":{"html":"/opinions/alj-H306957-2024-11-05","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/BOLTON_CHERIE_H306957_20241105.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}