CompFox AI Summary
The Appeals Board granted reconsideration to rescind the WCJ's dismissal order. The dismissal was erroneous because the defendant's petition for dismissal was premature, filed before the one-year period from the last hearing had elapsed. Additionally, the original order of dismissal was improperly served by the defendant instead of the Board, violating WCAB Rule 10500. Consequently, the case is returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Appeals Board granted reconsideration to rescind the WCJ's dismissal order. The dismissal was erroneous because the defendant's petition for dismissal was premature, filed before the one-year period from the last hearing had elapsed. Additionally, the original order of dismissal was improperly served by the defendant instead of the Board, violating WCAB Rule 10500. Consequently, the case is returned to the trial level for further proceedings.
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