| Date: | 01/06/2025 |
|---|---|
| Organization: | Department of Industrial Accidents |
| Docket Number: | DIA Board No.: 035608-19 |
| Location: | BOSTON, MA |
- Employee: Robert A. Blundell, III
- Employer: YRC Inc. dba YRC Freight
- Insurer: Old Republic Insurance Company
O’LEARY, J. The insurer appeals from the judge’s decision to dismiss the employee’s claim without prejudice. On appeal, the insurer raises several arguments, including whether it was arbitrary or capricious, or contrary to law, for the judge to dismiss the employee's claim on a without-prejudice basis without balancing the employee's unreasonable conduct or delay against the prejudice the insurer would suffer from a without-prejudice dismissal. We find merit in the insurer’s arguments and dismiss the employee’s claim with prejudice. The facts pertinent to the issues addressed on appeal follow.