Home/Case Law/ARTURO OLIVARES vs. FIRST CLASS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ARTURO OLIVARES vs. FIRST CLASS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

Filed: Aug 11, 2009
ADJ3490988 (MON0328106)

CompFox AI Summary

The applicant sought reconsideration of a dismissal order for his workers' compensation claim. The WCJ dismissed the case for lack of prosecution under Rule 10582. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. This was because the dismissal was issued without the required ten-day notice of intention and opportunity to be heard, and the applicant's objection was not adequately addressed.

Full Decision Text1 Pages

The applicant sought reconsideration of a dismissal order for his workers' compensation claim. The WCJ dismissed the case for lack of prosecution under Rule 10582. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. This was because the dismissal was issued without the required ten-day notice of intention and opportunity to be heard, and the applicant's objection was not adequately addressed.

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