Handley v. Napoleon Steel Contractors, Inc.

McCORD, Judge.

This is an appeal from the deputy commissioner’s order dismissing appellant’s workers’ compensation claim against appel-lees for failure to diligently prosecute. We affirm.

Appellant filed his claim in October 1972, but no action has ever been taken on the claim. Appellant concedes that all benefits due have been paid and no benefits are presently pending. However, he does have a degenerative condition for which he desires to leave his claim open for future benefits.

Appellees paid compensation benefits to appellant until 1977 and made their last payment of medical benefits to…