Burton v. State

JOHNSON, Justice.

This is a workers’ compensation case. The sole issue presented concerns the interpretation of rule XII(A) (the rule) of the Industrial Commission’s judicial rules of practice and procedure (the judicial rules). We conclude that the rule does not permit the Commission to dismiss an application for hearing with prejudice where the claimant has moved for dismissal without prejudice.

I

THE BACKGROUND AND PRIOR PROCEEDINGS.

Christine Burton filed an application (the application) with the Commission for a hearing to determine whether she was totally and permanently disabled and, if…