BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H303017 MELANIE NEEDHAM, Employee CLAIMANT ENCOMPASS HEALTH REHAB HOSPITAL, Employer RESPONDENT CORVEL ENTERPRISE COMP, INC., Carrier RESPONDENT OPINION FILED OCTOBER 14, 2025 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Fort Smith, Sebastian County, Arkansas. Claimant not represented by counsel and not appearing at hearing. Respondents represented by DAVID C. JONES, Attorney at Law, Little Rock, Arkansas. STATEMENT OF THE CASE This case comes on for review following a hearing on respondents’ Motion to Dismiss. On November 13, 2024, the claimant filed an AR-C requesting various compensation benefits in which she alleges an injury to her right wrist on or about January 12, 2023. There has been no request for a hearing and no further action was taken in this claim. On June 10, 2025, the respondents filed a Motion to Dismiss requesting that this claim be dismissed for lack of prosecution. A hearing was scheduled for September 18, 2025. Notice of that hearing was sent to the claimant by certified mail, return receipt requested on August 11, 2025. United States Postal Department records indicate that claimant received and signed for the notice on August 14, 2025. Despite having received notice of the scheduled hearing, the claimant failed to appear at the hearing and has failed to respond to the motion in any form or manner.
Needham – H303017 -2- Pursuant to 11 CAR §25-110(d) (previously codified as Commission Rule 099.13), the Commission may enter an order dismissing a claim for want of prosecution After a review of the respondents’ Motion to Dismiss, the claimant’s lack of desire to pursue her claim, and her failure to appear at the scheduled hearing, as well as all other matters properly before the Commission, I find that claimant has failed to prosecute this claim. Therefore, this claim is dismissed without prejudice. IT IS SO ORDERED. ____________________________ HONORABLE ERIC PAUL WELLS ADMINISTRATIVE LAW JUDGE
Source: https://www.labor.arkansas.gov/wp-content/uploads/NEEDHAM_MELANIE_H303017_20251014.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.