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SANCTIONS
The commission has the same authority as a court to punish for noncompliance with its orders. See Jeff Coal, Inc. v. Phillips, 16 Va. App. 271, 278, 430 S.E.2d 712, 717 (1993)(discovery orders); Code Sec. 65.2-202. In addition to its statutory authority to impose sanctions, the commission's rules authorize the commission to impose certain sanctions, including dismissal of a claim or application. See Rule 1.12, Rules of the Virginia Workers' Compensation Commission. 16 V.A.C. Sec. 30-50-20 (1996). The commission has the authority to adopt rules to carry out the provisions of the Workers' Compensation Act. Code Sec. 65.2-201(A). The commission has the authority to adopt rules to carry out the provisions of the Workers' Compensation Act. See Code Sec. 65.2-201 (A). The commission has the authority to impose the sanction of dismissal in appropriate cases. As do trial courts under Rule 4:12 (b), the commission has "broad discretion in determining what sanctions, if any, will be imposed upon a litigant who fails to respond timely to discovery." Rappold v. Indiana Lumbermens Mutual Ins. Co., 246 Va. 10, 14-15,431 S.E.2d 302, 305 (1993) (quoting Woodbury v. Courtney, 239 Va. 651, 654, 391 S.E.2d 293, 295 (1990)); see Jeff Coal, 16 Va. App. at 278-79, 430 S.E.2d at 717 (holding that commission has same discretion as a trial court to strike a party's defenses under Rule 4:12). The decision to sanction a party for disobedience to an order is committed to the commission's discretion. Jeff Coal, 16 Va. App. at 277, 430 S.E.2d at 716. "Dismissal of an action with prejudice is a drastic punishment and should not be invoked except in those cases where the conduct of the party shows deliberate and contumacious disregard of the [commission]'s authority." Swindle v. Reid, 242 So.2d 751, 753 (Fla. Dist. Ct. App. 1971); accord 23 Am. Jur. 2d Depositions and Discovery Sec. 385 (1983). Associated Building Contractors, Inc., et al. v. Roy Frank Blair, Record No. 0978-96-2 (November 26, 1996).
The commission has the authority to adopt rules to carry out the provisions of the Workers' Compensation Act. See Code Sec. 65.2-201(A). Rule 1.8(G) of the Rules of the Virginia Workers' Compensation Commission allows a party to take the deposition testimony of any person, including another party, after a claim or application has been filed. "The commission has the same authority as a court to punish for noncompliance with its discovery orders." Jeff Coal, Inc. v. Phillips, 16 Va. App. 271, 278, 430 S.E.2d 712, 717 (1993). See also Code Sec. 65.2-202. In addition to its statutory authority to impose sanctions, the commission's rules authorize the commission to impose certain sanctions, including dismissal of a claim or application. See Rule 1.12, Rules of the Virginia Workers' Compensation Commission. Thus, the commission has the authority to impose the sanction of dismissal in appropriate cases. The decision to sanction a party for disobedience to an order is committed to the commission's discretion. See Jeff Coal, 16 Va. App. at 277, 430 S.E.2d at 716. The commission did not abuse its discretion in dismissing an out-of-state claimant's claim without prejudice for failure to comply with the commission's order that he make arrangements to have his deposition taken by telephone. Charles Wingate v. Assett Protection Team,
Record No. 2569-98-4 (October 5, 1999). WP Version.
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