Audra Aich vs. Butterball, LLC

BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H406303 AUDRA AICH, Employee CLAIMANT BUTTERBALL, LLC Employer RESPONDENT CCMSI, Carrier RESPONDENT OPINION FILED AUGUST 13, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Claimant represented by JARID M. KINDER, Attorney at Law, Fayetteville, Arkansas. Respondents represented by MICHAEL E. RYBURN, Attorney at Law, Little Rock, Arkansas. STATEMENT OF THE CASE This case comes on for review following a hearing on respondent’s Motion to Dismiss. On September 27, 2024, claimant filed Form AR-C regarding an injury on July 15, 2024. Respondent has accepted this claim as compensable and paid some compensation benefits. After the filing of the AR-C no hearing was requested and on May 29, 2025, respondent filed a Motion to Dismiss. A hearing was scheduled on respondent’s Motion to Dismiss for August 4, 2025. Notice of the hearing was sent to claimant by certified mail and was delivered on July 7, 2025. On June 16, 2025, claimant’s attorney, Jarid Kinder, sent an email to the

Aich – H406303 -2- Commission indicating that he had spoken to the claimant and she did not object to respondent’s Motion to Dismiss and waived her appearance at the hearing. 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 my review of respondent’s motion, claimant’s indication that she does not object to the dismissal, and all other matters properly before the Commission, I find that respondent’s Motion to Dismiss should be and hereby is granted. This dismissal is without prejudice. IT IS SO ORDERED. _______________________________ GREGORY K. STEWART ADMINISTRATIVE LAW JUDGE