CompFox AI Summary
This case involves a defendant's unverified Petition for Removal challenging a WCJ's order denying dismissal for lack of prosecution. The Appeals Board dismissed the defendant's petition due to the unverified filing. However, the Board granted removal on its own motion, rescinded the WCJ's prior order, and returned the case to the trial level. This action was taken because neither the applicant's attorney's objection nor the defendant's Declaration of Readiness to Proceed effectively activated the case for the purpose of avoiding dismissal under Rule 10582.
Full Decision Text1 Pages
This case involves a defendant's unverified Petition for Removal challenging a WCJ's order denying dismissal for lack of prosecution. The Appeals Board dismissed the defendant's petition due to the unverified filing. However, the Board granted removal on its own motion, rescinded the WCJ's prior order, and returned the case to the trial level. This action was taken because neither the applicant's attorney's objection nor the defendant's Declaration of Readiness to Proceed effectively activated the case for the purpose of avoiding dismissal under Rule 10582.
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