¶1(concurring specially).
¶2[¶24.] I concur specially because 1) this case is distinguishable from our recent precedent in JENCO v. United Fire, 2003 SD 79, 666 N.W.2d 763 (2003), and Storm v. Durr, 2003 SD 6, 657 N.W.2d 34 (2003); and 2) the applicable statutes in this case are to be construed liberally in favor of the claimant.
¶3(¶ 25.] Storminvolved an unjustified violation of a court order which allowed the case to languish for fourteen months. Storm, 2003 SD 6 at ¶ 19, 657 N.W.2d at 39. In Storm, the plaintiffs were warned that failure to abide by the order would result in dismissal but chose to disregard the order. Storm, 2003 SD 6 at ¶ 3, 657 N.W.2d at 34. This Court found that Storm’s disregard of the order was willful.
¶4[¶ 26.] In JENCO, the plaintiff allowed its case to languish for 30 months and did not attempt to comply with the court order until the defendant moved to dismiss. JENCO, 2003 SD 79 at ¶ 12, 666 N.W.2d at 766. Further, the court found that Jenco’s delay resulted in prejudice to the opposing party. JENCO, 2003, SD 79 at ¶ 21, 666 N.W.2d at 768. In the instant case, none of these factors are present. Claimant’s attorney made a good faith effort in a complicated case to move forward with the case and employer has shown no prejudice.
¶5[¶ 27.] Even more important, unlike JENCOand Storm, this suit involves a claimant seeking relief under the worker’s compensation statutes. These statutes must be liberally construed in favor of the claimant. Wilcox v. City of Winner, 446 N.W.2d 772, 775 (S.D.1989) (additional citations omitted). With no showing of bad faith or willful disregard of the discovery order, the sanctions imposed by the ALJ were too severe.