{"id":"alj-H300316-2025-10-15","awcc_number":"H300316","decision_date":"2025-10-15","opinion_type":"alj","claimant_name":"Celia Mendez","employer_name":"Dillmeier Enterprises, Inc","title":"MENDEZ VS. DILLMEIER ENTERPRISES, INC. AWCC# H300316 October 15, 2025","outcome":"dismissed","outcome_keywords":["dismissed:6","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/MENDEZ_CELIA_H300316_20251015.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"MENDEZ_CELIA_H300316_20251015.pdf","text_length":2362,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H300316 \n \nCELIA MENDEZ, Employee CLAIMANT \n \nDILLMEIER ENTERPRISES, INC., Employer RESPONDENT \n \nTRAVLERS INDEMNITY CO., Carrier RESPONDENT \n \n \n \n OPINION FILED OCTOBER 15, 2025 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE GREGORY  K.  STEWART in Fort \nSmith, Sebastian County, Arkansas. \n \nClaimant represented   by EVELYN   E.   BROOKS,   Attorney   at   Law, Fayetteville, \nArkansas; though not appearing at hearing. \n \nRespondents  represented  by AMY  C.  MARKHAM,  Attorney  at  Law, Little  Rock, \nArkansas. \n \n \n STATEMENT OF THE CASE \n \n This case comes on for review following a hearing on respondent’s Motion to \nDismiss. \n Claimant   suffered   an   injury   which   was   accepted   by   the   respondent   as \ncompensable,  and  some  compensation  benefits  were  paid.  On  April  26,  2024,  Form \nAR-C was filed requesting additional compensation benefits. Since that time no hearing \nhas  been  requested  and  as  a  result  respondent  filed  a  motion  to  dismiss  the  claim  on \nDecember 23, 2024. Eventually, a hearing was scheduled on the respondent’s Motion \nto  Dismiss  for  September  29,  2025.  Notice  of  the  hearing  was  sent  to  claimant  by \ncertified mail and was returned as “Unclaimed”.  \n\nMendez – H300316 \n \n-2- \n By  email  dated  August  12,  2025,  Ms.  Brooks  indicated  the  claimant  had  no \nobjection  to  the  dismissal  and  neither  she  nor  the  claimant  would  attend  the  hearing \nunless required. Permission not to appear was given to Ms. Brooks and the claimant. \n Pursuant to 11 CAR § 25-110(d), upon meritorious application to the Commission \nfrom  a  party  requesting  that  the  claim  be  dismissed  for  want  of  prosecution,  the \nCommission  may,  upon  reasonable  notice  to  all  parties,  enter  an  order  dismissing  the \nclaim for want of prosecution.  \n After my review of respondents’ motion, claimant’s indication  that  she  has  no \nobjection to the dismissal, as well as all other matters properly before the Commission, I \nfind that respondents’ motion to dismiss this claim should be and hereby is granted. \nThis dismissal is pursuant to 11 CAR § 25-110(d) and it is without prejudice. \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H300316 CELIA MENDEZ, Employee CLAIMANT DILLMEIER ENTERPRISES, INC., Employer RESPONDENT TRAVLERS INDEMNITY CO., Carrier RESPONDENT OPINION FILED OCTOBER 15, 2025 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arka...","fetched_at":"2026-05-19T22:35:36.311Z","links":{"html":"/opinions/alj-H300316-2025-10-15","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/MENDEZ_CELIA_H300316_20251015.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}