Diane Minish vs. Hanuman Fellowship, State Compensation Insurance Fund

Applicant Diane Minish sought reconsideration of a Findings and Order (F&O) issued by a WCJ on January 22, 2021, which found she did not rebut the presumption of receiving an Order Dismissing her case. Minish contended she was not served with the Order Dismissing and that due process requires actual notice. The Workers' Compensation Appeals Board (WCAB) reviewed the record and concluded that Minish successfully rebutted the presumption of receipt, giving great weight to the WCJ's credibility determinations regarding her testimony of non-receipt. The WCAB found that the failure to provide adequate notice and opportunity to be heard violated due process and constituted good cause to set aside the Order Dismissing. Consequently, the WCAB rescinded the original F&O, granted Minish's Petition to Vacate, and rescinded the Order Dismissing her case.