{"id":"alj-H401589-2025-11-26","awcc_number":"H401589","decision_date":"2025-11-26","opinion_type":"alj","claimant_name":"Becky Keeter","employer_name":"Clay Maxey Chevrolet Cadillac","title":"KEETER VS. CLAY MAXEY CHEVROLET CADILLAC AWCC# H401589 November 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7","granted:1"],"injury_keywords":["back"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/KEETER_BECKY_H401589_20251126.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KEETER_BECKY_H401589_20251126.pdf","text_length":3422,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H401589 \n \nBECKY L. KEETER, EMPLOYEE      CLAIMANT \n \nCLAY MAXEY CHEVROLET CADILLAC, \nEMPLOYER               RESPONDENT \n \nCENTRAL ARK. AUTO DEALERS SIF/ \nRISK MANAGEMENT RESOURCES, \nINSURANCE CARRIER/TPA           RESPONDENT \n \nOPINION AND ORDER FILED NOVEMBER 26, 2025 \nThe Hearing before Administrative Law Judge James D. Kennedy in Mountain \nHome, Arkansas, was held on October 19, 2025. \nClaimant waived her appearance. \nRespondents were represented by Melissa Wood, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 19\nth\n day of November, 2025, \nin Mountain Home, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to 11  CAR  25–110(d),  previously  known  as Rule  099.13  of  the  Arkansas \nWorkers’ Compensation Commission. The claimant  was represented  by  Dan  Wren  of \nLittle Rock, Arkansas, who waived Claimant’s appearance by a Response to the Motion \nto Dismiss filed on November 12, 2025, that provided that the Respondents have agreed \nto  provided  additional  medical  treatment  for  the  Claimant,  and  that  consequently,  the \nClaimant  has  no  objection  to  the  Dismissal  of  the  AR-C. The Respondents  were \nrepresented by Melissa Wood of Little Rock, Arkansas.   \n \n\nKEETER – H401589 \n2 \n \n Previously, a full hearing had been held in this matter on December 18, 2024, and \nan  Opinion  had  been  filed  on  February  5,  2025,  which  provided  that  the Claimant  had \nsuffered a compensable injury to her back, but had failed to satisfy the required burden \nof proof to prove by a preponderance of the evidence that she was entitled to temporary \ntotal disability and that the issue of “termination of cause” was not barred by collateral \nestoppel.  The opinion was adopted by the Full Commission on July 2, 2025. The Motion \nto  Dismiss  was  filed  on November  12,  2025,  and contended that the Claimant’s lower \nback injury sustained on September1, 2023, was accepted as compensable, and that all \nappropriate benefits were being paid. Pursuant to 11 CAR 25–110(d), which provides that \nupon application by either party for a dismissal for failure to prosecute, the Commission \nmay,  after  reasonable  notice  to  all  parties,  enter  an  order  dismissing  the  claim. The \nClaimant, through her attorney, filed a response to the Motion to Dismiss stating that she \nhad no objection to the dismissal of the AR-C.   \n After  proper  notice and  a  response  by  the  Claimant  stating  that  she  had  no \nobjection to the dismissal of the AR-C, and after waiving her appearance, a hearing was \nheld  on November  19, 2025, in  Mountain  Home  Arkansas. The Respondents  were \nrepresented by Melissa Wood at the hearing, who requested that the matter be dismissed \npursuant  to 11  C.A.R.  110(d)  of  the rules  of  the Arkansas  Workers’  Compensation \nCommission. \nORDER \n Pursuant to the above statement of the case, documents entered into the record, \nand statements by the Attorney for the Respondents, there is no alternative but to grant \n\nKEETER – H401589 \n3 \n \nthe Motion to Dismiss without prejudice pursuant to 11 C.A.R. 25-110(d) of the Arkansas \nWorkers’ Compensation Commission.   \n  \n                \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H401589 BECKY L. KEETER, EMPLOYEE CLAIMANT CLAY MAXEY CHEVROLET CADILLAC, EMPLOYER RESPONDENT CENTRAL ARK. AUTO DEALERS SIF/ RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED NOVEMBER 26, 2025 The Hearing before Administrat...","fetched_at":"2026-05-19T22:34:58.652Z","links":{"html":"/opinions/alj-H401589-2025-11-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/KEETER_BECKY_H401589_20251126.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}