CompFox AI Summary
The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. The Board found the Notice of Intent (NOI) to dismiss was inadequate because it contained multiple improper bases for dismissal and lacked clarity. Specifically, the initial trial appearance was proper as applicant's representative attended, and the WCJ's handwritten note was not a binding order. The subsequent dismissal order was also invalidated due to the defective NOI, thus a due process violation occurred.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. The Board found the Notice of Intent (NOI) to dismiss was inadequate because it contained multiple improper bases for dismissal and lacked clarity. Specifically, the initial trial appearance was proper as applicant's representative attended, and the WCJ's handwritten note was not a binding order. The subsequent dismissal order was also invalidated due to the defective NOI, thus a due process violation occurred.
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