- Abuse of process
- Procedure (absent parties)
- Procedure (dismissal of appeal) (delay)
This appeal was deemed abandoned and will be administratively closed. The practice direction, "Closing Appeals by the WSIAT", notes under section 2.1 that an appeal may be considered abandoned by an appellant if they have not "acted on a Vice-Chair's or Panel's instructions (this could be from an interim decision, adjournment memo or written ruling)".
This was an extraordinary circumstance in which the worker had frustrated the appeals process and absorbed limited resources. The worker was aware of the Vice-Chair's direction to attend the hearing and that the consequences of failing to attend the hearing could be a closure of his appeal. The worker failed to respond to the WSIAT's direction and failed to attend the hearing. The worker failed to move his appeal forward leading to inordinate delay such that continuing his appeal would be considered an abuse of process.