Wagner v. Workers' Compensation Appeal Board

OPINION BY

Judge LEAVITT.

David D. Wagner, II, (Claimant) petitions for review of an adjudication of the Workers’ Compensation Appeal Board (Board) dismissing his claim petition because he did not present his medical evidence in accordance with the schedule set by the Workers’ Compensation Judge (WCJ). The Board affirmed the WCJ’s dismissal because Claimant did not meet the WCJ’s deadline for making his expert available for deposition. Because the WCJ gave no consideration to the delays occasioned at the employer’s request and because there was no evidence of prejudice to the employer, we…