John Tippit v St. Louis County Government (fund only)
Inj. No. 11-016477 2024 MO WCLR LEXIS 16, 17
Issue Date: 5 13 2024 (2011 case) NOA dismissed 7/23. ED 112765
The Commission affirms a dismissal for failure to prosecute a 13 year old claim against the second injury fund. The case was remanded for an evidentiary hearing and then appealed. The employee did not file a brief. The case was appealed to the court of appeals on 6/13, and dismissed on 7/23 as untimely when it was filed a day late. .
The DWC scheduled a 2022 "virtual" show cause setting why the case should not be dismissed. EE counsel did not partiicpate. EE challenged service of the DWC notice. The Commisison found that notice was properly sent to a last known (home) address and had been signed for by someone at the address.. Employee testified that he was fishing, never saw the mail, and speculates the postal delivery person opened the mail and discarded it. The Commission found it had no duty to send notice to an attorney who had not entered as an attorney of record. The Commisson further found knowledge of the case by counsel and a lack of documented activity to show lack of prosecution for 14 months leading up tot the hearing.
