CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant's cases. The dismissal was premature as the cases were not subject to dismissal for lack of prosecution until one year after being taken off calendar. The Board noted that applicant's deportation allegations were unsupported, but emphasized that the applicant has until January 30, 2015, to reactivate the cases for hearing. If the applicant is unavailable for trial again, the WCJ should consider proceeding based on documentary evidence, given the existing stipulations and available deposition transcripts.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of applicant's cases. The dismissal was premature as the cases were not subject to dismissal for lack of prosecution until one year after being taken off calendar. The Board noted that applicant's deportation allegations were unsupported, but emphasized that the applicant has until January 30, 2015, to reactivate the cases for hearing. If the applicant is unavailable for trial again, the WCJ should consider proceeding based on documentary evidence, given the existing stipulations and available deposition transcripts.
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