2007-057. Alaska Workers' Compensation Appeals Commission Izaz E. Khan Appellant vs. Adams and Associates and Insurance Company of the State of Pennsylvania Appellees.

Case DateSeptember 27, 2007
CourtAlaska
Alaska Workers Compensation Decisions 2007. Workers' Compensation Appeals Commission 2007-057. Alaska Workers' Compensation Appeals Commission Izaz E. Khan Appellant vs. Adams and Associates and Insurance Company of the State of Pennsylvania Appellees Alaska Workers' Compensation Appeals CommissionIzaz E. Khan, Appellant, vs. Adams and Associates, and Insurance Company of the State of Pennsylvania, Appellees.Decision No. 057 September 27, 2007AWCAC Appeal No. 06-018 AWCB Decision No. 06-0203 AWCB Case No. 200503126Final Decision and Order Dismissing Appeal Motion for Order Dismissing Appeal from Alaska Workers' Compensation Board Decision No. 06-0203 issued July 21, 2006, by the southcentral panel at Anchorage, Janel Wright, Chair, Stephen T. Hagedorn, Member for Industry, and Raymond Scott Bridges, Member for Labor. Appearances: Izaz E. Khan, appellant, pro se. Timothy McKeever, Holmes Weddle and Barcott, for appellees Adams and Associates and Insurance Company of the State of Pennsylvania.Commissioners: Philip Ulmer,John Giuchici,and Kristin Knudsen.This decision has been edtted to conform to technical standards for publication. By: Kristin Knudsen, Chair. Izaz Khan appealed the board's dismissal of his July 25, 2005, claim for workers' compensation on July 21, 2006.(fn1) The substance of his appeal was that the board should have excused his second failure to appear, or to alert the employer that he would be unable to appear, for a medical examination that the board ordered him to attend because he was in prison and it was impossible for him to comply. In his appeal, he asserted the board's findings regarding his ability to make a telephone call were baseless. He also appealed the board's decision on the grounds that it was the result of discrimination against him because of his national origin. The issue before us now is whether to dismiss Khan's appeal for lack of prosecution. Based on Khan's persistent lack of compliance with briefing deadlines and his failure to demonstrate a good faith effort to comply over several months of extensions, we dismiss his appeal for lack of prosecution. Proceedings n n the appeal. Khan filed his notice of appeal on July 24, 2006. Khan's briefing schedule was delayed by proceedings related to Khan's request that the board transcript and filing fee be waived. His request was supported by an incomplete financial statement affidavit; he was given time to correct it. He was given a hearing on his request, and a second hearing on his request for reconsideration. On January 10, 2007, the commission chair issued instructions to file briefs, directing Khan to file a brief by February 9, 2007. Khan repeatedly requested extensions of time based on his lack of an attorney and because English is not his first language. Khan was granted several extensions of time. On May 9, 2007, we extended the time to file his opening brief to June 25, 2007, and warned him that no more extensions would be granted and that his appeal could be dismissed if he did not comply. In our July 30, 2007 Notice of Default and Impending Dismissal and Order to Correct Default, we discussed Khan's repeated requests for extensions of time and failure to comply with our order to file his brief. The commission declared Khan in default of a commission order and told Khan that the commission would grant no further extensions of time to prepare his brief. The commission clearly notified Khan that his appeal would be dismissed if he did not comply with our order to file his opening brief in the commission office by 5:00 p.m. Monday, August 13, 2007. Khan supplied no change of address after delivery of our May 9, 2007 Order on...

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