Janie Griffin vs. New Hope Speciliazed Industries, Inc

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H302895 JANIE GRIFFIN, EMPLOYEE CLAIMANT NEW HOPE SPECILIAZED INDUSTRIES, INC, EMPLOYER RESPONDENT TECHNOLOGY INSURANCE CO., CARRIER/TPA RESPONDENT OPINION FILED MARCH 21, 2025 Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, on March 11, 2025. Claimant is Pro Se and did not appear. Respondents are represented by William C. Frye, of Little Rock, Arkansas. STATEMENT OF THE CASE A hearing was held in the above styled matter on March 11, 2025, in Little Rock, Arkansas, on respondent’s Motion to Dismiss for failure to prosecute pursuant to Arkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act. The claimant contended that she sustained a work-related injury when she tripped and fell on February 14, 2022, injuring her right arm and left leg. A First Report of Injury and an AR -2 was filed on May 4, 2023. At one point, it appeared that the claimant had reached a settlement agreement with the respondent, but this agreement ultimately failed. The claimant was originally represented by Laura Beth York, who was allowed to withdraw by an Order of The Full Commission dated November 13, 2025. The claimant has made no bona fide request for a hearing has been made within six (6) months of the filing of the claim. A Motion to Dismiss for failure to prosecute was filed on or about January 16th, 2025, and the claimant failed to respond to the motion.

Janie Griffin – H302895 A hearing was set for March 11, 2025, in regard to the Motion to Dismiss. The claimant failed to appear at the hearing after proper notice to her last known address. At the time of the hearing, William C. Frye appeared on behalf of the respondents and asked that the matter be dismissed for lack of prosecution. 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 respondent’s attorney, there is no alternative but to find that the Motion to Dismiss should be granted at this time, and the matter should be dismissed without prejudice. ORDER Pursuant to the above, there is no alternative but to find that the Motion to Dismiss should be granted and this matter should be dismissed without prejudice pursuant to Arkansas Code Ann. 11-9-702 and Rule 099.13 of the Arkansas Workers’ Compensation Act at this time. IT IS SO ORDERED: ____________________________ JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE