CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding a previous order that dismissed his case for lack of prosecution. The WCAB found that the applicant would suffer substantial prejudice if the dismissal stood, as he had sustained a significant admitted industrial injury requiring surgery. Balancing the equities, the WCAB determined that the potential harm to the applicant outweighed any hardship to the defendant in allowing the case to proceed on its merits. The matter was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration, rescinding a previous order that dismissed his case for lack of prosecution. The WCAB found that the applicant would suffer substantial prejudice if the dismissal stood, as he had sustained a significant admitted industrial injury requiring surgery. Balancing the equities, the WCAB determined that the potential harm to the applicant outweighed any hardship to the defendant in allowing the case to proceed on its merits. The matter was returned to the trial level for further proceedings.
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