{"id":"alj-H403472-2025-11-26","awcc_number":"H403472","decision_date":"2025-11-26","opinion_type":"alj","claimant_name":"Wendy Sciepura","employer_name":"Emerson Electric Co","title":"SCIEPURA VS. EMERSON ELECTRIC CO. AWCC# H403472 November 26, 2025","outcome":"dismissed","outcome_keywords":["dismissed:5"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/SCIEPURA_WENDY_H403472_20251126.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"SCIEPURA_WENDY_H403472_20251126.pdf","text_length":3045,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H403472 \nWENDY SCIEPURA, EMPLOYEE     CLAIMANT \n \nEMERSON ELECTRIC CO. \nEMPLOYER          RESPONDENT \n \nOLD REPUBLIC INSURANCE CO.     RESPONDENT \n \nOPINION AND ORDER FILED NOVMEBER 26, 2025 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, was held on November 18, 2025. \nClaimant failed to appear. \nRespondents were represented by Richard “Dick” N. Dodson of Texarkana, \nArkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 18\nth\n day of November 2025, \nin Little  Rock,  Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant to Arkansas Code Ann. 11-9-702(a)(4). The claimant was pro se and failed to \nappear. The Respondents were represented by Richard “Dick” N. Dodson of Texarkana, \nArkansas. The Claimant had previously been represented by Jim Burton, who had been \nallowed to  withdraw  by  an  Order  from  the  Full  Commission  dated February 5,  2025. A \nMotion to Dismiss was filed on September 15, 2025, which provided that a First Report \nof Injury was filed on May 29, 2024, and the Respondents filed an Intent to Controvert the \nClaim on June 27, 2024. The Claimant alleged an injury occurring on May 2, 2024, and \nrequested a hearing. Interrogatories were propounded to the Claimant on August 2, 2024, \nand on August 8, 2024, the counsel for the Claimant at the time, requested that the matter \nreturned  to  general  files. After  the  Claimant’s  attorney  was  allowed  to  withdraw, \n\nWendy Sciepura – H403472 \n2 \nInterrogatories  and  Requests  for  Production  of  Documents  were  again  sent  to  the \nClaimant, and the Claimant’s incomplete responses were received on or about March 21, \n2025. The Respondent’s requested the deposition of the Claimant on April 22, 2025, and \nthe Claimant responded with a letter to the Commission stating, “I request not to have a \ntrial and to end my case.”   \n Arkansas Code Ann. 11-9-702(a)(4) provides for dismissal of a claim if no bona \nfide request for a hearing has been made within six (6) months of the filing of his claim.  \nNo response was filed by the Claimant in regard to the Motion to Dismiss and there have \nbeen no steps to prosecute her claims within six months. Additionally, the Claimant has \nstated that she does not wish to pursue the claim.   \n After proper notice, a hearing was held on November 18, 2025, and the Claimant \nfailed to appear. The Respondents were represented by Richard “Dick” N. Dodsen, who \nrequested that the matter be dismissed pursuant to Arkansas Code Ann. 11-9-702(a)(4). \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 \nthe Motion to Dismiss without prejudice pursuant to Arkansas Code Ann. 11-9-702(a)(4).   \n IT IS SO ORDERED. \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H403472 WENDY SCIEPURA, EMPLOYEE CLAIMANT EMERSON ELECTRIC CO. EMPLOYER RESPONDENT OLD REPUBLIC INSURANCE CO. RESPONDENT OPINION AND ORDER FILED NOVMEBER 26, 2025 A Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, was held ...","fetched_at":"2026-05-19T22:35:04.952Z","links":{"html":"/opinions/alj-H403472-2025-11-26","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/SCIEPURA_WENDY_H403472_20251126.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}