CompFox AI Summary
This case involved an applicant whose workers' compensation claim was dismissed for failure to appear at trial. The applicant's counsel argued a calendar conflict and a mistaken belief about the trial time, while the applicant himself also mistakenly believed the trial was scheduled later. Crucially, the record did not show proper service of the trial notice on either the applicant or his attorney. Therefore, the Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case for further proceedings due to the lack of due process.
Full Decision Text1 Pages
This case involved an applicant whose workers' compensation claim was dismissed for failure to appear at trial. The applicant's counsel argued a calendar conflict and a mistaken belief about the trial time, while the applicant himself also mistakenly believed the trial was scheduled later. Crucially, the record did not show proper service of the trial notice on either the applicant or his attorney. Therefore, the Appeals Board granted reconsideration, rescinded the dismissal order, and returned the case for further proceedings due to the lack of due process.
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