CompFox AI Summary
This case involves an applicant whose claim was dismissed for lack of prosecution in 2008 after multiple failures to appear. The applicant sought reconsideration of this dismissal, claiming health issues prevented participation during that period. The Appeals Board dismissed the applicant's petition for reconsideration but granted removal on its own motion. The matter is returned to the trial level to treat the applicant's filing as a petition to set aside the dismissal, conduct an evidentiary hearing, and determine if good cause exists to vacate the original order.
Full Decision Text1 Pages
This case involves an applicant whose claim was dismissed for lack of prosecution in 2008 after multiple failures to appear. The applicant sought reconsideration of this dismissal, claiming health issues prevented participation during that period. The Appeals Board dismissed the applicant's petition for reconsideration but granted removal on its own motion. The matter is returned to the trial level to treat the applicant's filing as a petition to set aside the dismissal, conduct an evidentiary hearing, and determine if good cause exists to vacate the original order.
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