Jan 11, 2018
ALJ Hart
The Commission notes the ALJ lacked authority to "dismiss" a second injury fund claim as part of an award that denied a claim for benefits of a primary accident.
The Commission noted an ALJ had authority to dismiss only in limited circumstances:
(1) upon an employee’s failure to prosecute the claim, pursuant to § 287.655; or (2) upon the voluntary motion of the employee prior to the introduction of evidence at a hearing, pursuant to 8 C.S.R. 50-2.010(12)(A). Additionally, an administrative law judge may strike pleadings and enter awards against any party who fails or refuses to comply with a lawful order of the Division of Workers’ Compensation, pursuant to § 287.650 RSMo.
The Commission ultimately affirmed the denial of benefits under the Fund claim based on a notice defense and that claimant cannot have a subsequent compensable claim if the first claim is not compensable.
