CLAIM NO. E500644
BRENDA BENNETT, EMPLOYEE, CLAIMANT v. EARTH GRAINS AT LITTLE ROCK, EMPLOYER, RESPONDENT and CIGNA INSURANCE COMPANY, INSURANCE CARRIER, RESPONDENT
Before the Arkansas Workers’ Compensation Commission
ORDER FILED DECEMBER 18, 1996
Upon review before the FULL COMMISSION in Little Rock, Pulaski County, Arkansas.
Claimant appears pro se.
Respondents represented by DAVID S. WILSON, Attorney at Law, Little Rock, Arkansas.
Decision of Administrative Law Judge: Vacated and remanded.
[1] ORDER
[2] Claimant appeals an Order of Dismissal filed by the Administrative Law Judge for failure to prosecute.
[3] The Order filed by the Administrative Law Judge does not indicate whether the dismissal is pursuant to Commission Rule 13 or Ark. Code Ann. §
11-9-702 (a)(4) (Repl. 1996). There was no hearing held on respondent’s motion. More importantly, it does not appear that claimant was informed of the motion to dismiss, much less given a reasonable opportunity to respond thereto. Therefore, we find that the Order of Dismissal must be vacated and this matter remanded to the Administrative Law Judge for a hearing on whether this claim should be dismissed.
[4] IT IS SO ORDERED.
ELDON F. COFFMAN, Chairman PAT WEST HUMPHREY, Commissioner ALICE L. HOLCOMB, Commissioner
