CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order dismissing her case for lack of prosecution. The applicant claimed injury as an in-home caregiver, but the case was dismissed after the applicant failed to properly object to a Notice of Intention to Dismiss. The majority found that the applicant's arguments for reconsideration, including her counsel's alleged efforts and procedural errors, were insufficient. However, one Commissioner dissented, arguing that the applicant's counsel had made demonstrable efforts to prosecute the claim by subpoenaing medical records.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of an order dismissing her case for lack of prosecution. The applicant claimed injury as an in-home caregiver, but the case was dismissed after the applicant failed to properly object to a Notice of Intention to Dismiss. The majority found that the applicant's arguments for reconsideration, including her counsel's alleged efforts and procedural errors, were insufficient. However, one Commissioner dissented, arguing that the applicant's counsel had made demonstrable efforts to prosecute the claim by subpoenaing medical records.
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