Equal Employment Opportunity Commission v. Industrial Commission of the State

STERNBERG, Judge.

This matter is before us for consideration of the motion to dismiss filed by the Industrial Commission. The motion alleges that the Equal Employment Opportunity Commission (petitioner) failed to name an indispensable party, to-wit the claimant-employee, in its petition to review the final order of the Industrial Commission. The motion contends that this constitutes a failure to join an indispensable party within the statutory time limit and deprives this court of jurisdiction. We agree and dismiss the petition.

Petitioner’s response to the motion to dismiss is that, similar to…