Friday, March 18, 2005

Dismissal "With Prejudice" is Within the Discretion of the WCJ

US Airways & Reliance Nat'l c/o Sedgwick Claims Mgmt Services v. WCAB (McConnell) held the WCJ has the discretion to control the WCJ's docket by requiring parties to comply with scheduling orders. Accordingly, it was within the WCJ's discretion to dismiss a claim "with prejudice" when the Claimant's ongoing delay was prejudicial to the Employer.

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