Marshall v. D J Jacobetti Veterans Facility

AFTER REMAND

This is a worker’s compensation case. The issue is whether the Worker’s Compensation Appellate Commission erred in dismissing the plaintiff’s appeal and summarily affirming a denial of benefits because he failed to file a brief on appeal. The Court of Appeals affirmed. However, we reverse the decision of the Court of Appeals and remand the case for a decision on the merits of the appeal.

i

The facts have been stated by the Court of Appeals:

The magistrate mailed his opinion and order on February 25, 1991. Plaintiff filed a timely claim for review on March 15, 1991. The stenographer…