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AWCC# H305915·Administrative Law Judge·Dismissed

Christa Obrecht

Decision date
Jul 2, 2024
Employer
Filename
OBRECHT_CHRISTA_H305915_20240702.pdf
knee

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H305915 CHRISTA OBRECHT, Employee CLAIMANT CADDO HILLS SCHOOL DISTRICT, Employer RESPONDENT AR SCHOOL BOARDS ASSOC., Carrier/TPA RESPONDENT OPINION FILED JULY 2, 2024 Hearing before ADMINISTRATIVE LAW JUDGE ERIC PAUL WELLS in Russellville, Pope County, Arkansas. Claimant not represented by counsel and not appearing at hearing. . Respondent represented by MELISSA WOOD, 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 September 22, 2023, the claimant requested a hearing for various compensation benefits in which she alleged an injury to her right knee on or about September 5, 2023. The claim was denied in its entirety. A request to complete a pre-hearing questionnaire was mailed to the claimant on November 6, 2023, and again on December 13, 2023, both went unanswered. On March 26, 2024, the respondents filed a Motion to Dismiss requesting that this claim be dismissed for lack of prosecution. A hearing was scheduled for June 20, 2024. Notice of that hearing was sent to the claimant by certified mail, return receipt requested on May 13, 2024. United States Postal Department records indicate that claimant received and signed for the notice

Obrecht – H305915 -2- on May 22, 2024. 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. After a review of the record as a whole, to include all matters properly before the Commission, and having had an opportunity to hear the statements of Respondent No. 1’s attorney, I find that this matter should be dismissed without prejudice for failure to prosecute pursuant to Commission Rule 099.13. ORDER Pursuant to the above statement of the case and Commission Rule 099.13, I have no alternative but to dismiss this claim in its entirety, without prejudice, for failure to prosecute. If respondents have not already done so, they are directed to pay the court reporter, Veronica Lane, her fees and expenses within thirty (30) days of receipt of her invoice. IT IS SO ORDERED. ___________________________________ ERIC PAUL WELLS ADMINISTRATIVE LAW JUDGE

Source: https://www.labor.arkansas.gov/wp-content/uploads/OBRECHT_CHRISTA_H305915_20240702.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.