The Massachusetts Department of Industrial Accidents Reviewing Board recently addressed the issue of when and how a workers’ compensation claim should be dismissed. In the end, the case was recommitted back to the hearing level for further findings of facet. The reviewing board essentially ruled that situations like this are very fact specific, and certain findings must be made to determine if dismissal is the appropriate course of action.
In this case, the employee’s counsel failed to show up at a scheduled hearing at the Department of Industrial Accidents. The insurer argued that as a result of this absence, their rights under M.G.L. chapter 152, section 10A(3), to a full evidentiary hearing on the matter, were violated. The workers’ compensation insurer contended that they suffered “significant prejudice” to their rights to defend this pending claim.
As a result, the Insurer, through counsel, moved to have the matter dismissed with prejudice. The insurer argued that a dismissal with prejudice was the only proper remedy, because a dismissal without prejudice, would simply allow the employee to file the claim again. As such, the matter could simply be brought forward again, on the same claim and same issues.