Missouri Court of Appeals, Eastern District / Nov 24, 2020
John Hager, Appellant, vs. Treasurer of Missouri as Custodian of the Second Injury Fund, Respondent.
John Hager appealed the Labor and Industrial Relations Commission's order affirming the dismissal of his claim against the Second Injury Fund for failure to prosecute. Hager's claim had been pending for many years, with numerous continuances and a prior dismissal that was set aside. The Commission affirmed the ALJ's dismissal, finding Hager's application for review failed to make a prima facie claim for setting aside the dismissal. The appellate court affirmed the Commission's decision, concluding that Hager failed to show good cause for his failure to prosecute.