William E. Jenkins v. Timothy Sterling Webb

LARRY G. ELDER, Judge.

William E. Jenkins, alleged to be the employer of Timothy Sterling Webb when Webb fell from a tree and injured his back and ribs, appeals 1 from a decision of the Workers’ Compensation Commission dismissing Webb’s claim for benefits without, rather than -with, prejudice. Jenkins contends that the commission abused its discretion by, in essence, nonsuiting Webb’s claim sua sponte. We disagree with Jenkins’s argument that the commission’s action, expressly denominated a dismissal without prejudice, amounted to a nonsuit. We hold further that the relevant statute and…