PHILLIP PUCCIARELLO vs. UNIVERSAL PROTECTION SERVICE, permissibly self-insured dba ALLIED, UNIVERSAL SECURITY, ESIS CHATSWORTH

The Workers' Compensation Appeals Board (WCAB) dismissed defendant's petition for reconsideration because the WCJ's order denying dismissal was not a final order. However, the WCAB granted the defendant's petition for removal. The WCAB found the defendant's initial notice of intent to dismiss was properly served and rescinded the WCJ's denial of dismissal. The matter was returned to the WCJ to issue a ten-day notice of intention to dismiss for failure to prosecute, as defendant's independent investigation of mail delivery was improper.