Johnakin v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge SMITH-RIBNER.

I respectfully dissent from the majority’s conclusion that the Workers’ Compensation Judge properly penalized Ronald Johnakin by the forfeiture of over eight months of interest due him because of his failure to timely file a brief after the close of the record and within the time frame prescribed by the WCJ. While not excusing Johnakin’s failure to file his brief, I do not believe that the WCJ should have allowed that failure to delay the disposition of this case for over eight months, and, accordingly, I do not believe that Johna-kin’s failure can be…