In the West Palm Beach workers’ compensation case of Dennis Somerville v. Sovereign Healtcare, an administrative order closed the OJCC file and reserved jurisdiction for attorney fees and costs. The order was inactive for one year before the employer filed a Motion to Dismiss all pending claims based on a lack of prosecution.
The claimant argued that COVID-19 was responsible for the delay, but no evidence was found to explain how the pandemic affected the claimant’s efforts. With no sufficient evidence, the court ruled in favor of the employer.
Employer’s motion to dismiss GRANTED