Sandberg v. State Dept. of Human Services, No. WC15-5890 (May 5, 2016)
The employee appealed an order from a compensation judge dismissing her claim petition, filed in 2009, which alleged entitlement to benefits arising out of work injuries she sustained. In 2012, a compensation judge issued an order striking the case from the active trial calendar. In 2013, notice was sent to the parties advising them that the case would be dismissed if no request for reinstatement was received in 60 days. In 2015, after no notice was received, the compensation judge issued an order dismissing the claim petition without prejudice. The employee appealed. The court held that it only had jurisdiction to appeal from an award or disallowance of compensation, or another order affecting the merits of the case, or an order that finally determines the rights of the parties or concludes the action. The court held that a dismissal without prejudice is not appealable because it does not finally determine the rights of the parties. The employee could instead refile the claim petition.