Doneff v. Treasurer of Missouri

WILLIAM H. CRANDALL, Jr., Judge.

In Doneff v. Treasurer of Missouri, 965 S.W.2d 255 (Mo.App. E.D.1998), an administrative law judge (ALJ) entered an order setting aside his prior dismissal of a workers’ compensation claim for failure to prosecute. Doneff, 965 S.W.2d at 256. This court held that the ALJ did not have jurisdiction to enter an order setting aside the dismissal of the claim made by Gloria Doneff (claimant). Id.

The Missouri Supreme Court has now held that an “ALJ is authorized to set aside a dismissal for failing to prosecute so long as the ALJ acts prior to the filing of an…