CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order, finding the applicant's case should not have been dismissed due to her absence from trial. The WCAB clarified that while an applicant's testimony may be necessary, their mere failure to appear when represented by counsel does not automatically permit dismissal. Instead, the defendant must follow proper procedures to compel the applicant's attendance, or the WCJ should consider sanctions or an adverse inference. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a dismissal order, finding the applicant's case should not have been dismissed due to her absence from trial. The WCAB clarified that while an applicant's testimony may be necessary, their mere failure to appear when represented by counsel does not automatically permit dismissal. Instead, the defendant must follow proper procedures to compel the applicant's attendance, or the WCJ should consider sanctions or an adverse inference. The case was returned to the trial level for further proceedings.
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