CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of R Rene Gonzalez's claim due to procedural ambiguities. The original dismissal was for failure to prosecute, but the applicant argued the Notice of Intention to Dismiss was not timely served alongside the dismissal order. The Board found ambiguity regarding the service of the notice, emphasizing a policy favoring disposition on the merits. Therefore, the case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of R Rene Gonzalez's claim due to procedural ambiguities. The original dismissal was for failure to prosecute, but the applicant argued the Notice of Intention to Dismiss was not timely served alongside the dismissal order. The Board found ambiguity regarding the service of the notice, emphasizing a policy favoring disposition on the merits. Therefore, the case was returned to the trial level for further proceedings.
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