Home/Case Law/JOHN BRYNJELSEN vs. ASHLEY FURNITURE/SOUTHWESTERN FURNITURE OF WISCONSIN, LTD, WAUSAU INSURANCE COMPANY
Regular DecisionReconsideration

JOHN BRYNJELSEN vs. ASHLEY FURNITURE/SOUTHWESTERN FURNITURE OF WISCONSIN, LTD, WAUSAU INSURANCE COMPANY

Filed: Feb 17, 2012
ADJ3822767 (AHM 0116631)

CompFox AI Summary

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior dismissal order. The applicant's case was dismissed for failure to prosecute without proper notice and an opportunity to be heard, violating Appeals Board Rule 10582 and due process. The WCJ's dismissal was based on an unverified petition and did not follow established procedures for inactive cases or hearings. The matter was returned to the trial level for further appropriate proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted the applicant's petition for reconsideration, rescinding a prior dismissal order. The applicant's case was dismissed for failure to prosecute without proper notice and an opportunity to be heard, violating Appeals Board Rule 10582 and due process. The WCJ's dismissal was based on an unverified petition and did not follow established procedures for inactive cases or hearings. The matter was returned to the trial level for further appropriate proceedings.

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JOHN BRYNJELSEN vs. ASHLEY FURNITURE/SOUTHWESTERN FURNITURE OF WISCONSIN, LTD, WAUSAU INSURANCE COMPANY (2012) – | CompFox