Dolloff v. Link Property Management
April 14, 2015
CategoriesFailure to Prosecute
Failure to Communicate with Board Failure to Proceed
Summary from the Troubh Heisler Attorneys
When an employee is given multiple chances to proceed with his petition but fails to do so and fails to stay in contact with the WCB or his advocates, the hearing officer can dismiss his petitions and decline to reinstate them.
Dolloff filed petitions in April 2011, but failed to comply with the WCB’s discovery deadlines or to prepare for hearing, finally requesting and receiving dismissal of his petitions. He then got an advocate and refiled his petitions, but he failed to meet with his advocate, who withdrew. H.O. Knopf wrote to Dolloff instructing him to contact the WCB or risk dismissal of his petitions. Dolloff failed to respond, and his petitions were again dismissed.
His request for reinstatement of his petitions was denied, and he appealed. The panel found that in dismissing the petitions H.O. Knopf had not “abused her discretion” and denied the appeal.