Karen Wiggins vs. Dardanelle Regional LLC

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H208225 KAREN WIGGINS, Employee CLAIMANT DARDANELLE REGIONAL LLC, Employer RESPONDENT ARK. HOSPITAL ASSOC./RISK MGT. RESOURCES, RESPONDENT Carrier/TPA OPINION/ORDER FILED AUGUST 23, 2023 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondents represented by JARROD PARRISH, Attorney, Little Rock, Arkansas. OPINION/ORDER This case comes on for review following a hearing on respondent’s Motion to Dismiss. On November 2, 2022, claimant filed Form AR-C requesting payment of additional medical benefits for an injury which occurred on August 31, 2022. No further action was taken on that claim and on June 13, 2023, respondent filed a Motion to Dismiss for Failure to Prosecute. A hearing on respondent’s motion was scheduled for August 14, 2023. Notice of the hearing was sent to claimant by certified mail and delivered on July 5, 2023. Claimant did not appear at the hearing. After my review of the respondent’s motion, the claimant’s lack of response thereto, and all other matters properly before the Commission, I find that respondent’s

Wiggins – H208225 2 motion to dismiss this claim should be and hereby is granted. This dismissal is pursuant to Commission Rule 099.13 and it is without prejudice. IT IS SO ORDERED. _____________________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE