BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H 001670 & H 010040 ASHLEY PERRYMAN, EMPLOYEE CLAIMANT ARKANSAS DEPT. OF VETERANS AFFAIRS, EMPLOYER RESPONDENT PUBLIC EMPLOYEE CLAIMS DIVISION, CARRIER/TPA RESPONDENT OPINION FILED NOVEMBER 7 th , 2023 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on November 7, 2023. Claimant is represented by George Bailey of Little Rock, Arkansas. Respondents are represented by Charles McLemore of Little Rock, Arkansas. STATEMENT OF THE CASE A hearing was held in the above styled matter on November 7, 2023, in Little Rock, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute. The claimant had waived her right to a hearing in regard to the Motion to Dismiss and had signed and approved an Order to Dismiss her claims without prejudice. The orders were also approved by her attorney but had not been returned to the Commission at the time of the hearing. George Bailey, the attorney for the claimant, appeared on her behalf and stated that he had been given permission by the claimant to dismiss the claims without prejudice. Charles McLemore appeared on behalf of the respondents in regard to the Motion to Dismiss. Based upon the statements of the attorneys, it appears that the parties are in agreement the above styled claim should be dismissed without prejudice. The hearing was held on November 7 th, after proper notice. After a review of the record as a whole to include all evidence properly before the Commission and having had an opportunity to hear the statements of the both the claimant’s and respondent’s
PERRYMAN – H001670 & H010040 2 attorney, the Motion to Dismiss is granted at this time, without prejudice, pursuant to A.C.A. 11-9-702 (a) (4) and 11- 9- 702 (d). ORDER Pursuant to the above, the Motion to Dismiss is granted without prejudice in regard to the above styled claims. IT IS SO ORDERED: ____________________________ JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE
Source: https://labor.arkansas.gov/wp-content/uploads/PERRYMAN_ASHLEY_H001670_H010040_20231107.pdf. Published by the Arkansas Department of Labor and Licensing, Workers' Compensation Commission. Republished here as a public reference; consult the original PDF for citation.