{"id":"alj-H404897-2025-07-30","awcc_number":"H404897","decision_date":"2025-07-30","opinion_type":"alj","claimant_name":"Bessie Poindexter","employer_name":"Lowes Home Centers, LLC","title":"POINDEXTER VS. LOWES HOME CENTERS, LLC AWCC# H404897 July 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":["ankle"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/POINDEXTER_BESSIE_H404897_20250730.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"POINDEXTER_BESSIE_H404897_20250730.pdf","text_length":3596,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404897 \n \nBESSIE POINDEXTER, EMPLOYEE                                                            CLAIMANT \n \nLOWES HOME CENTERS, LLC, \nEMPLOYER                                                               RESPONDENT \n \nSEDGEWICK CLAIM MANAGEMENT \nSERVICES, INC., INS. CARRIER/TPA          RESPONDENT \n \n \nOPINION FILED JULY 30, 2025 \n \nHearing before Administrative Law Judge James D. Kennedy in Little Rock, \nArkansas, on July 15, 2025. \n \nClaimant is pro se and appeared on her own behalf. \n \nRespondents are represented by their attorney, Randy P. Murphy, of Little Rock, \nArkansas. \n \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on July 15,  2025, in Little  Rock, \nArkansas, on  respondent’s  Motion  to  Dismiss  for  failure  to  prosecute  pursuant  to \nArkansas   Code  Ann.   11-9-702 and   Rule 099.13  of  the  Workers’  Compensation \nCommission, with said Motion being filed on May 14, 2025. A First Report of Injury had \nbeen filed on July 31, 2024, and it provided that the Claimant had been watering plants \nand lost her balance, got her feet tangled up, fell on her backside, and that the Claimant \ndid not report the claim until six (6) days later. The injury occurred on July 2, 2024. The \nAR-2 Form provided that the claim was a medical only claim. \n A Motion to Dismiss the Claim was filed on or about on May 14, 2025, alleging that \nno hearing had been requested and that pursuant to A.C.A. 11-9-702 and Rule 13 of the \n\nBessie Poindexter – H404897 \n2 \n \nArkansas Workers’ Compensation Commission, the claim should be dismissed for want \nof prosecution. The Claimant had never taken any action to pursue benefits or prosecute  \nher claim and that it was now over six (6) months without any action being taken on this \nmatter. The Claimant failed to file a response to the Motion to Dismiss. Appropriate notice \nwas then provided to the claimant, and she appeared on her own behalf at the time of the \nhearing where she stated that she wished to pursue her claim involving her right ankle \nand requesting her claim not be dismissed. She stated that she had talked to the Legal \nAdvisor  Division  of  the  Commission,  but  apparently,  an  issue  involving  communication \nhad  developed.  She  had  responded  to  the  questionnaire  and  there  had  been  some \ndiscussion  involving  possible  mediation. Randy  Murphy appeared  on  behalf  of  the \nRespondents and 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 \nthe Commission, and having an opportunity to hear the statements of the attorney for \nthe Respondent, as well as statements of the Claimant, the Claimant was instructed to \nmaintain a method in which the parties and the Commission could contact her and to \nagain contact the Legal Advisor Division for guidance, and that it was her responsibility \nto take these steps.  It is found that this matter and the Motion to Dismiss should be \ntaken under advisement at this time, to allow the Claimant to take appropriate action in \nregard to her claim. \n \n \n \n \n\nBessie Poindexter – H404897 \n3 \n \nORDER \n Pursuant to the above statement of the case, there is no alternative but to deny \nthe Motion to Dismiss at this time and to take the matter under advisement to allow the \nClaimant to take affirmative steps in regard to the pursuit of her claim. \nIT IS SO ORDERED. \n      ____________________________ \n       JAMES D. KENNEDY \n       ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404897 BESSIE POINDEXTER, EMPLOYEE CLAIMANT LOWES HOME CENTERS, LLC, EMPLOYER RESPONDENT SEDGEWICK CLAIM MANAGEMENT SERVICES, INC., INS. CARRIER/TPA RESPONDENT OPINION FILED JULY 30, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little R...","fetched_at":"2026-05-19T22:39:09.471Z","links":{"html":"/opinions/alj-H404897-2025-07-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/POINDEXTER_BESSIE_H404897_20250730.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}