Nieto-Espinoza v. Lowder Construction, Inc.

BRYANT, Judge.

Where the Commission properly concluded plaintiffs failure to timely re-file his claim was not due to excusable neglect, and where we find no abuse of discretion in the Commission’s decision to decline to waive the Rule 613 deadline to allow plaintiff to re-file his claim, we affirm the order of the Commission.

On 1 August 2007, Adan Nieto-Espinoza (“plaintiff’) filed a Form 18 Notice of Accident to Employer, alleging that on 24 May 2007, during the course of his employment, a nail gun discharged into his knee. Overthecourseofthenextyear,anumberofpartieswereaddedorremoved from…