CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding the administrative law judge's (ALJ) order vacating a previous dismissal. The Board found that the July 24, 2007 order of dismissal for lack of prosecution was a final order. Since the applicant did not timely seek reconsideration of that dismissal and the statutory time limits for the Board to act on its own motion had expired, the ALJ lacked the authority to vacate the dismissal on May 4, 2009. Therefore, the Board rescinded the May 4, 2009 order and reinstated the dismissal of the case.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding the administrative law judge's (ALJ) order vacating a previous dismissal. The Board found that the July 24, 2007 order of dismissal for lack of prosecution was a final order. Since the applicant did not timely seek reconsideration of that dismissal and the statutory time limits for the Board to act on its own motion had expired, the ALJ lacked the authority to vacate the dismissal on May 4, 2009. Therefore, the Board rescinded the May 4, 2009 order and reinstated the dismissal of the case.
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