{"id":"alj-H407417-2025-07-30","awcc_number":"H407417","decision_date":"2025-07-30","opinion_type":"alj","claimant_name":"Haley Klingsmith","employer_name":"Care Manor Nursing & Rehab","title":"KLINGSMITH VS. CARE MANOR NURSING & REHAB AWCC# H407417 July 30, 2025","outcome":"dismissed","outcome_keywords":["dismissed:7"],"injury_keywords":["knee","hip","strain"],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/KLINGSMITH_HALEY_H407417_20250730.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"KLINGSMITH_HALEY_H407417_20250730.pdf","text_length":3173,"full_text":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION \nCLAIM NO. H407417 \nHALEY KLINGSMITH, EMPLOYEE      CLAIMANT \nCARE MANOR NURSING & REHAB, \nEMPLOYER              RESPONDENT \n \nASIT/CCMSI, CARRIER/TPA           RESPONDENT \n \nOPINION AND ORDER FILED JULY 30, 2025 \n \nThe Hearing before Administrative Law Judge James D. Kennedy in Mountain \nHome, Arkansas, was held on July 16, 2025. \n \nClaimant was pro-se and failed to appear. \n \nRespondents were represented by Jarrod Parrish, of Little Rock, Arkansas. \n \nSTATEMENT OF THE CASE \n \n A  hearing  was  held  in  the  above  styled  matter  on the 16\nth\n day  of July,  2025, in \nMountain Home, Arkansas, on Respondent’s Motion to Dismiss for failure to prosecute \npursuant  to  Arkansas  Code  Ann.  11-702 and Rule 099.13 of the Arkansas Workers’ \nCompensation Commission. The claimant was pro se and failed to appear on her own \nbehalf. The respondents were represented by Jarrod Parrish of Little Rock, Arkansas.  \n A Form-C was filed by the Claimant on October 15, 2024, which provided that the \nclaimant  had  injured  her  left  knee,  leg,  and  hip. A  First  Report  of  Injury  was  filed  on \nNovember  25,  2024, which provided  that  the  claimant  had  sprained  her  left  knee.  A \nmedical report from the Bone and Joint Clinic, dated November 27, 2024, stated that the \nclaimant was being followed for a strain of her left knee. The report further provided that \nthe claimant did not show for physical therapy and when the clinic attempted to contact \nher, she did not return their calls.  \n\nHaley Klingsmith – H407417 \n2 \n \nThe  Claimant  was  originally  represented  by  Mark  Peoples, who was  allowed  to \nwithdraw by an Order of the Full Commission, dated December 16, 2024.  A Motion to \nDismiss  For  Failure  to  Prosecute  was  filed  on  May  13,  2025, alleging  that  the  matter \nshould be dismissed due to a failure to prosecute pursuant to Rule 099.13 of the Arkansas \nWorkers’ Compensation Commission and also Arkansas Code Ann. 11-9-702 which \nprovides  for  dismissal  of  a  claim  if  no  bona fide  request  for  a  hearing  has  been  made \nwithin six (6) months of the filing of the claim. The Claimant failed to file a response to the \nMotion to Dismiss so an appropriate notice of a Motion to Dismiss hearing was provided \nto the Claimant setting the hearing for July 16, 2025, at 11:00 a.m., in Mountain Home \nArkansas.   \n A  hearing  was  held  on July  16, 2025, and  the  claimant failed  to  appear.  The \nRespondents  were  represented  by Jarrod  Parrish,  who  requested  that  the matter  be \ndismissed pursuant to Rule 099.13 of the Arkansas Workers’ Compensation Commission \nand Arkansas Code Ann. 11-9-702. \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 Rule 099.13 of the Arkansas Workers’ \nCompensation Commission and Arkansas Code Ann. 11-9-702.   \nIT IS SO ORDERED. \n      ____________________________ \n                JAMES D. KENNEDY \n               ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H407417 HALEY KLINGSMITH, EMPLOYEE CLAIMANT CARE MANOR NURSING & REHAB, EMPLOYER RESPONDENT ASIT/CCMSI, CARRIER/TPA RESPONDENT OPINION AND ORDER FILED JULY 30, 2025 The Hearing before Administrative Law Judge James D. Kennedy in Mountain Home, Arkansas, was...","fetched_at":"2026-05-19T22:39:05.342Z","links":{"html":"/opinions/alj-H407417-2025-07-30","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/KLINGSMITH_HALEY_H407417_20250730.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}