98-14502-G-4103. Edwards vs. BFI Waste Systems of North America, Inc.

• Case Date: July 12, 2005
• Court: Mississippi

Mississippi Worker Compensation 2005. 98-14502-G-4103. Edwards vs. BFI Waste Systems of North America, Inc LEWIS EDWARDS CLAIMANT VS. BFI WASTE SYSTEMS OF NORTH AMERICA, INC. EMPLOYER AND THE INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA CARRIER MISSISSIPPI WORKERS' COMPENSATION COMMISSION MWCC NO. 98-14502-G-4103Representing Claimant: John R McNeal, Jr., Esquire, Jackson, MS Representing Employer/Carrier: Joshua J. Wiener, Esquire, Jackson, MS FULL COMMISSION ORDER This matter was heard by the Commission on November 22, 2004 pursuant to the Claimant's Petition for Review. The Claimant is appealing an Order entered by the Administrative Judge on August 16, 2004 which dismissed this claim based on Claimant's repeated failure to prosecute the claim in accordance with the applicable rules of procedure and prior orders issued by the Judge. This latest Order by the Judge states that the claim is dismissed with prejudice, but whatever that may mean, the Claimant filed a timely petition for review and , in the end, the only issue is whether this claim should have been dismissed under the circumstances. We agree with the Judge that this claim rightly should be dismissed, and we, therefore, affirm.(fn1) I. To appreciate and accept the soundness of the Judge's decision to finally dismiss this claim, one has to only consider the following chronology of events: October 29, 1998: A Petition to Controvert is filed on behalf of the Claima nt. December 21, 1998: An answer to the Petition to Controvert is filed. April 8, 1999: The Claimant filed a Motion to Compel medical treatment, and noticed the motion for hearing on April 27. April 27, 1999: A hearing was held by the Judge to consider the above Motio n. May 19, 1999: The Judge entered an order granting the Claimant's Motion to Compel medical treatment. December 21, 1999: The Judge entered an order allowing the Claimant's attorn ey to withdraw from the case. April 17, 2000: The Judge entered an Order Dismissing Claim for Claimant's F ailure to Prosecute the Case. June 27, 2000: The Claimant, through new counsel, filed a Motion to Reinsta te and Extend Discovery. August 18, 2000: The Judge entered an order reinstating the case. Separatel y, a discovery extension was granted to the Claimant. April 2, 2001: The Judge entered an order dismissing the claim due to the C...