CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a dismissal order. The original case was dismissed without prejudice for lack of prosecution after the applicant's claim was inactive for over four years. The applicant's attorney argued for reconsideration, stating renewed contact with the applicant who had moved to El Salvador. However, the Board found the explanation insufficient for rescinding the dismissal, agreeing with the WCJ that the applicant's readiness to proceed after such a long period of inactivity was not demonstrated. Commissioner Brass dissented, arguing for reconsideration based on public policy favoring the resolution of litigation on its merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a dismissal order. The original case was dismissed without prejudice for lack of prosecution after the applicant's claim was inactive for over four years. The applicant's attorney argued for reconsideration, stating renewed contact with the applicant who had moved to El Salvador. However, the Board found the explanation insufficient for rescinding the dismissal, agreeing with the WCJ that the applicant's readiness to proceed after such a long period of inactivity was not demonstrated. Commissioner Brass dissented, arguing for reconsideration based on public policy favoring the resolution of litigation on its merits.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.