Donald Edwards — ADJ7393455

Applicant Donald Edwards filed a cumulative trauma claim as a professional athlete with the San Diego Chargers and Kansas City Chiefs. In 2014, applicant voluntarily requested dismissal of the Chiefs and their carrier with prejudice, which the WCJ granted. Years later, applicant sought to rejoin the Chiefs via a joinder petition and then by naming them in an Amended Application; the WCJ vacated the 2014 dismissal and rejoined them, finding personal jurisdiction existed. On reconsideration, the Board rescinded the WCJ's F&O, holding that a dismissal with prejudice operates as a common law retraxit and final judgment on the merits, barring further litigation under res judicata, and that the dismissal deprived the WCJ of personal jurisdiction over the Chiefs. Because the Chiefs timely and repeatedly objected via special appearances, there was no waiver, and the rejoinder order was improper.