CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Jose Avalos' case. The dismissal was improper because the applicant's attorney allegedly had no notice of the Mandatory Settlement Conference. Furthermore, the Board emphasized that dismissals with prejudice should strongly favor hearing cases on their merits, and the WCJ's order exceeded authorized remedies. The matter was returned for further proceedings, with cautions to both applicant's and defense counsel regarding proper procedure.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Jose Avalos' case. The dismissal was improper because the applicant's attorney allegedly had no notice of the Mandatory Settlement Conference. Furthermore, the Board emphasized that dismissals with prejudice should strongly favor hearing cases on their merits, and the WCJ's order exceeded authorized remedies. The matter was returned for further proceedings, with cautions to both applicant's and defense counsel regarding proper procedure.
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