DocketNumber: I.C. No. 364111
Judges: <center> ORDER FOR THE FULL COMMISSION BY BERNADINE S. BALLANCE, COMMISSIONER.</center>
Filed Date: 8/17/2000
Status: Precedential
Modified Date: 7/6/2016
Plaintiffs claim was set for hearing before Deputy Commissioner Phillip A. Holmes on 15 November 1999. Plaintiff and her counsel failed to appear at the hearing, and defendants moved for a dismissal of plaintiffs claim without prejudice. On 22 November 1999, Deputy Commissioner Holmes dismissed plaintiffs claim but did not specify whether it was with or without prejudice. On 24 January 2000, plaintiff filed a new Form 33 Request for Hearing. Defendants filed a Motion to Strike plaintiffs request for hearing on grounds that plaintiffs claim had been dismissed with prejudice. By Order of the Executive Secretary dated 27 March 2000, defendants motion was allowed.
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Further, the Full Commission recognizes that the Workers Compensation Act is to be construed liberally and benefits are not to be denied on technical, narrow or strict interpretations of its provisions. See Harrell v. Harriet Henderson Yarns,
For these reasons, the Full Commission hereby VACATES the 22 November 1999 Order of Deputy Commissioner Holmes dismissing plaintiffs claim, and likewise VACATES the 27 March 2000 Order of the Executive Secretary allowing defendants Motion to Strike. This case is hereby REMANDED to be reset on the calendar for a hearing before a Deputy Commissioner.
This the ___ day of July, 2000.
S/___________________ BERNADINE S. BALLANCE COMMISSIONER
CONCURRING:
S/_______________ LAURA K. MAVRETIC COMMISSIONER
S/_______________ DIANNE C. SELLERS COMMISSIONER