Rogalla, 032921 ARWC, H005838

• Case Date: March 29, 2021
• Court: Kansas

CHARLOTTE ROGALLA, EMPLOYEE CLAIMANT CARELINK, EMPLOYER RESPONDENT AGING SERVICES FUND/RISK MG’T RESOURCES, INC., INS. CARRIER/TPA RESPONDENT No. H005838 Arkansas Workers Compensation Before the Arkansas Workers' Compensation Commission March 29, 2021          Hearing conducted on Monday, March 29, 2021, before the Arkansas Workers’ Compensation Commission (the Commission), Administrative Law Judge (ALJ) Mike Pickens, in Little Rock, Pulaski County, Arkansas.           The claimant is represented by Ms. Laura Beth York, Rainwater, Holt & Sexton, P.A., Little Rock, Pulaski County, Arkansas, who waived appearance at the hearing.           The respondents were represented by Ms. Melissa Wood, Worley, Wood & Parrish, P.A., Little Rock, Pulaski County, Arkansas.           Mike Pickens, Administrative Law Judge.          STATEMENT OF THE CASE          A hearing was conducted on Monday, March 29, 2021, to determine whether this claim should be dismissed for lack of prosecution pursuant to Ark. Code Ann. § 11-9-702(a)(4) (2020 Lexis Replacement) and Commission Rule 099.13 (2020 Lexis Replacement).          The respondents filed a motion to dismiss with the Commission on February 19. 2021 requesting this claim be dismissed for lack of prosecution. A copy of the respondents’ motion, as well as a copy of the hearing notice, were mailed to the claimant and her attorney of record at their correct addresses of record in advance of the hearing in accordance with applicable Arkansas law. By email to the ALJ, and the respondents’ attorney, Ms. Melissa Wood, dated March 17, 2021, the claimant’s attorney, Ms. York, advised the claimant intended to pursue this claim, but had been having some difficulty obtaining diagnostic test results she believed are necessary in order to proceed with the claim’s prosecution. Ms. York advised she did not intend to attend the Monday, March 29, 2021 hearing on the respondents’ motion to dismiss without prejudice, and she did not object to the claim’s dismissal without prejudice.          The record includes the hearing transcript and any and all exhibits contained therein and attached thereto, as...