{"id":"alj-H404974-2026-02-24","awcc_number":"H404974","decision_date":"2026-02-24","opinion_type":"alj","claimant_name":"Samantha Stewart","employer_name":null,"title":"STEWART VS. ADP TOTAL SOURCE GROUP, INC.AWCC# H404974February 24, 2026","outcome":"dismissed","outcome_keywords":["dismissed:8"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/STEWART_SAMANTHA_H404974_20260224.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"STEWART_SAMANTHA_H404974_20260224.pdf","text_length":4011,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H404974 \n \nSAMANTHA N. STEWART, EMPLOYEE                                          CLAIMANT \n \nADP TOTAL SOURCE GROUP, INC. D/B/A \nRIVER LODGE ASSISTED LIVING, LLC, \nEMPLOYER, SELF INSURED      RESPONDENT \n \nHELMSMAN MANAGEMENT SERVICES \nLLC, THIRD PARTY ADMINISTRATOR                                            RESPONDENT \n \n \nOPINION AND ORDER FILED FEBRUARY 24, 2026 \n \nA Hearing before Administrative Law Judge James D. Kennedy in Mountain \nHome, Arkansas, was held on February 18, 2026. \nClaimant was pro se and failed to appear. \nRespondents were represented by David C. Jones, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n A hearing was held in the above styled matter on the 18\nth\n day of February 2026, in \nMountain Home, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Arkansas  Code  Ann.  11-9-702  and 11  C.A.R. 25-110(d), which  was \npreviously named Rule 099.13 of the Arkansas Workers’ Compensation Commission. \nThe Claimant had been previously represented by Frederick “Rick” Spencer, of Mountain \nHome, Arkansas, who had filed a Motion to Withdraw and who stated by email that he \nhad been unable to contact the Claimant at the address she had provided. The attorney \nfor the Claimant was allowed to withdraw at the time of the hearing. The Respondents \nwere represented by David C. Jones of Little Rock, Arkansas. The Claimant contended \nthat she had injured her “lead foot” on March 5, 2024, where she “possibly” tore a tendon \nwhile pushing a medical cart. The claim was accepted as a compensable medical only \n\nSAMANTHA N. STEWART – H404974 \n2 \n \nclaim. An AR-C Form was filed on March 5, 2024. The First Report of Injury provided that \nthe Claimant did not notify the Respondents of her injury until May 25, 2025. Discovery \nwas  propounded  to  the  Claimant, on  or  about  September  17,  2024, and the  Claimant \nfailed to respond. The Claimant has made no request for a hearing since the filing of the \nclaim. A medical report dated December 3, 2024, provided that the Claimant could return \nto work, full duty.  \nA Motion to Dismiss was filed on December 11, 2025, contending that no request \nfor  a  hearing  had  been  made within  six  months  of  the  filing  of  the  AR-C,  that  all \nappropriate  medical  benefits  had  been  paid, and  that  the  matter  should  be  dismissed \npursuant  to  A.C.A.  11-9-702 and 11  C.A.R. 25-110(d), which  provides  that upon a \nmeritorious  application  to  the  Commission by  either  party requesting  that  the  claim  be \ndismissed  for  want  of  prosecution,  the  Commission may upon  reasonable  notice  to  all \nparties, enter an Order dismissing the claim for want of prosecution.  The Claimant failed \nto file a response to the Motion to Dismiss.  \n After proper and reasonable notice, a hearing was held on February 18, 2026, and \nthe Claimant failed  to appear.  The Respondents  were  represented  by David  C.  Jones, \nwho requested that the matter be dismissed pursuant to 11 C.A.R. 110(d) of the Arkansas \nWorkers’ Compensation Commission and the provisions of A.C.A. 11-9-702, and that the \nClaimant had taken no steps to pursue her claim.     \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 11  C.A.R.  110(d) of  the  Arkansas \n\nSAMANTHA N. STEWART – H404974 \n3 \n \nWorkers’ Compensation Commission and  A.C.A.  11-9-702, based  upon  the  Claimant \nfailing to prosecute her claim within the last six months and after a meritorious application \nto  the  Commission  by  the  Respondents requesting  that  the  claim  be  dismissed, after \nreasonable notice to all parties.    \nIT IS SO ORDERED. \n                \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H404974 SAMANTHA N. STEWART, EMPLOYEE CLAIMANT ADP TOTAL SOURCE GROUP, INC. D/B/A RIVER LODGE ASSISTED LIVING, LLC, EMPLOYER, SELF INSURED RESPONDENT HELMSMAN MANAGEMENT SERVICES LLC, THIRD PARTY ADMINISTRATOR RESPONDENT OPINION AND ORDER FILED FEBRUARY 24,...","fetched_at":"2026-05-19T22:32:19.623Z","links":{"html":"/opinions/alj-H404974-2026-02-24","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/STEWART_SAMANTHA_H404974_20260224.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}