Cheryl Taylor vs. Easter Seals Of Arkansas

BEFORE THE ARKANSAS WORKERS’ COMPENSATION COMMISSION CLAIM NO. H503466 CHERYL TAYLOR, EMPLOYEE CLAIMANT EASTER SEALS OF ARKANSAS, EMPLOYER RESPONDENT ATA WORKERS’ COMP SI TRUST/ RISK MANAGEMENT RESOURCES, INSURANCE CARRIER/TPA RESPONDENT OPINION AND ORDER FILED DECEMBER 9, 2025 A Hearing before Administrative Law Judge James D. Kennedy in Little Rock, Arkansas, was held on November 25, 2025. Claimant was pro se and failed to appear. Respondents were represented by Carol Lockard Worley of Little Rock, Arkansas. STATEMENT OF THE CASE A hearing was held in the above styled matter on the 25 th day of November, 2025, in Little Rock, Arkansas, on Respondent’s Motion to Dismiss pursuant to 11 C.A.R. 25- 110(d) of the Rules of the Arkansas Workers’ Compensation. This Rule was previously named Rule 099.13 of the Arkansas Workers’ Compensation Commission. The claimant was pro se and failed to appear. The Respondents were represented by Carol Worley of Little Rock, Arkansas. A Motion to Dismiss was filed on or about September 9, 2025, which provided that the Claimant contended she sustained a work-related injury on April 14, 2025, and that compensability was denied by the Respondents. The Claimant filed an AR-C, on June 5, 2025, and requested a hearing. Claimant initially refused to cooperate with discovery, walking out of her scheduled deposition on August 22, 2025. A prehearing conference

TAYLOR – H503466 2 was scheduled on October 13, 2025. Prior to the prehearing telephone conference, the Claimant, on September 26, 2025, contacted the Commission requesting that the prehearing conference be cancelled and withdrawing her hearing request. The Motion to Dismiss refers to Rule 11 C.A.R. 25-110(d) of the Arkansas Workers’ Compensation Commission, which provides that upon application by either party for a dismissal for failure to prosecute, the Commission may, after reasonable notice to all parties, enter an order dismissing the claim. No response was filed by the Claimant in regard to the motion. After proper notice, a hearing was held on November 25, 2025, and the Claimant failed to appear. The Respondents were represented by Carol Worley, who requested that the matter be dismissed pursuant to 11 C.A.R. 25-110(d) of the Arkansas Workers’ Compensation Commission. Various documents were introduced into the record. ORDER Pursuant to the above statement of the case, documents entered into the record, and statements by the Attorney for the Respondents, there is no alternative but to grant the Motion to Dismiss without prejudice pursuant to 11 C.A.R. 25-110(d) of the Arkansas Workers’ Compensation Commission, which provides that upon application by either party for a dismissal for failure to prosecute, the Commission may, after reasonable notice to all parties, enter an order dismissing the claim. IT IS SO ORDERED. ____________________________ JAMES D. KENNEDY ADMINISTRATIVE LAW JUDGE