CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a WCJ's denial of a dismissal petition. The defendant argued the WCJ erred by considering a settlement conference as an activation event, which improperly prevented dismissal for lack of prosecution under Rule 10582. The Board found significant prejudice to the defendant due to the applicant's persistent failure to cooperate with discovery, including missing a court-ordered deposition. Consequently, the case was remanded to the WCJ for a hearing on the defendant's Petition to Dismiss.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, overturning a WCJ's denial of a dismissal petition. The defendant argued the WCJ erred by considering a settlement conference as an activation event, which improperly prevented dismissal for lack of prosecution under Rule 10582. The Board found significant prejudice to the defendant due to the applicant's persistent failure to cooperate with discovery, including missing a court-ordered deposition. Consequently, the case was remanded to the WCJ for a hearing on the defendant's Petition to Dismiss.
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