Following Daily Administrative Law Judge Decisions Under the Longshore and Harbor Workers' Compensation Act and the Defense Base Act
Thursday, January 31, 2013
ALJ LEVIN (WASHINGTON) DISMISSES CLAIM DUE TO CLAIMANT'S FAILURE TO PARTICIPATE IN DISCOVERY OR COOPERATE WITH COUNSEL
READ FULL TEXT OF DISMISSAL - GRAY vs. GULF INTERCOASTAL
In this instance, we are confronted with a claimant who not only refuses to comply with a Show Cause Order; but, has declined to communicate in any way with his own former counsel, opposing counsel, or the court. I am, of course, mindful that Claimant is now acting, or, more accurately, failing to act, pro se; but he has been urged, without success, to seek the assistance of counsel. He has, moreover, been afforded every accommodation his pro se status will permit consistent with the requirements of the applicable rules and due process.
Nevertheless, by his past refusals to respond to any inquiry, including proper discovery requests, and by his refusal to respond to a Show Cause Order which sought his input, Claimant has manifested a complete absence of motivation to pursue his claim.
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