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The applicant sought to join John Halopoff, Sr. as a defendant in a serious and willful misconduct claim filed after the statute of limitations had expired. The Appeals Board granted Halopoff's petition for removal, rescinding the order to join him as a party. This decision was based on the principle that a new defendant cannot be added after the statute of limitations has run, absent specific exceptions like ignorance of identity or misleading conduct. Because the applicant was aware of Halopoff's identity and there was no evidence of misrepresentation, the joinder was deemed untimely.
Full Decision Text1 Pages
The applicant sought to join John Halopoff, Sr. as a defendant in a serious and willful misconduct claim filed after the statute of limitations had expired. The Appeals Board granted Halopoff's petition for removal, rescinding the order to join him as a party. This decision was based on the principle that a new defendant cannot be added after the statute of limitations has run, absent specific exceptions like ignorance of identity or misleading conduct. Because the applicant was aware of Halopoff's identity and there was no evidence of misrepresentation, the joinder was deemed untimely.
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