Fuentes v. Embro Inc.

In this workers’ compensation appeal, Claimant argues the Judge of Compensation Claims (JCC) abused his discretion by dismissing all of his petitions for failure to prosecute. We agree and reverse.

According to the JCC’s dismissal order, the parties failed to attend a live pretrial hearing noticed for March 7, 2008, or to timely submit a written pretrial stipulation. The JCC determined Claimant bore the burden of advancing his case and the parties’ failure to attend the pretrial hearing equated to Claimant’s failure to prosecute his claim. Without holding a hearing on the issue, the JCC…