Alaska Workers Compensation Decisions
Workers' Compensation Appeals Commission
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...