{"id":"alj-H404293-2025-11-25","awcc_number":"H404293","decision_date":"2025-11-25","opinion_type":"alj","claimant_name":"Carmelina Juan","employer_name":"Scott Queen, LLC","title":"JUAN VS. SCOTT QUEEN, LLC AWCC# H404293 November 25, 2025","outcome":"dismissed","outcome_keywords":["dismissed:9","granted:1"],"injury_keywords":[],"pdf_url":"https://www.labor.arkansas.gov/wp-content/uploads/JUAN_CARMELINA_H404293_20251125.pdf","source_index_url":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/","filename":"JUAN_CARMELINA_H404293_20251125.pdf","text_length":2453,"full_text":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION \n \n WCC NO. H404293 \n \nCARMELINA JUAN, Employee CLAIMANT \n \nSCOTT QUEEN, LLC, Employer RESPONDENT \n \nACCIDENT FUND INS. CO., Carrier RESPONDENT \n \n \n \n OPINION FILED NOVEMBER 25, 2205 \n \nHearing  before  ADMINISTRATIVE  LAW  JUDGE GREGORY  K.  STEWART in  Fort \nSmith, Sebastian County, Arkansas. \n \nClaimant not represented by counsel and not appearing at hearing. \n \nRespondents  represented  by KAREN  H.  MCKINNEY,  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 second \nMotion to Dismiss. \n A prior hearing on respondent’s Motion to Dismiss was conducted on March 12, \n2025.  Claimant  appeared  at  that  hearing  and  stated  that  she  did  not  want  her  case \ndismissed  and  was  requesting  payment  of  medical  bills.  Claimant  agreed  to  provide \nattorney McKinney with copies of those unpaid bills. Following this hearing, an Opinion \nwas filed on March 26, 2025, denying respondent’s Motion to Dismiss.  \n On  August 15,  2025,  respondent filed  its  second  Motion  to  Dismiss,  stating  that \nafter  the  March  12,  2025,  hearing,  claimant  emailed  copies  of  her  unpaid  bills  to \nattorney McKinney. Respondent, in turn, paid those bills and attached to its most recent \n\nJuan – H404293 \n \n-2- \nmotion proof of payment. Respondent now contends that a motion to dismiss is proper \ngiven that the outstanding bills have been paid and there are no issues to be resolved.  \n A  hearing  on  the  respondent’s  second  Motion  to  Dismiss  was  scheduled  for \nNovember 5, 2025. Notice of the hearing was sent to claimant by certified mail and was \ndelivered  on  October  8,  2025.  Claimant  did  not  appear  at  the  hearing  and  has  not \nresponded to the respondent’s Motion to Dismiss. \n After my  review of  the  respondent’s motion,  the  claimant’s  failure  to  respond \nthereto,  and  all  other matters  properly  before  the  Commission;  including, documentary \nevidence indicating that prior unpaid bills have now been paid, I find that respondent’s \nsecond  Motion  to  Dismiss  should  be  and  hereby  is  granted.  This  dismissal  is  without \nprejudice and is pursuant to Commission Rule 099.13 (not codified at 11 §CAR 25-110). \n IT IS SO ORDERED. \n      _______________________________ \n      GREGORY K. STEWART \n      ADMINISTRATIVE LAW JUDGE","preview":"BEFORE THE ARKANSAS WORKERS' COMPENSATION COMMISSION WCC NO. H404293 CARMELINA JUAN, Employee CLAIMANT SCOTT QUEEN, LLC, Employer RESPONDENT ACCIDENT FUND INS. CO., Carrier RESPONDENT OPINION FILED NOVEMBER 25, 2205 Hearing before ADMINISTRATIVE LAW JUDGE GREGORY K. STEWART in Fort Smith, Sebastian County, Arkansas. Cl...","fetched_at":"2026-05-19T22:34:52.365Z","links":{"html":"/opinions/alj-H404293-2025-11-25","pdf":"https://www.labor.arkansas.gov/wp-content/uploads/JUAN_CARMELINA_H404293_20251125.pdf","source_publisher":"https://labor.arkansas.gov/workers-comp/awcc-opinions/administrative-law-judge-opinions/"}}