J.K. v. Royal & SunAlliance Insurance (17-002272)

The claimant did not participate during a case conference. The case conference was therefore adjourned and rescheduled to allow for all parties to participate. The adjourning case conference report noted that the claimant was put on notice that failing to attend the rescheduled case conference would result in the dismissal of the claims before the LAT. Neither the claimant nor his representative participated at the reconvened case conference. The insurer brought a motion to have the matter dismissed. Adjudicator Blaine Baker, under Rule 3.4, construed the non-attendance by the claimant as an abandonment of the claims. Accordingly, since the insurer had brought a motion to dismiss that was compliant with Rule 15.2, the claimant’s case was dismissed.