CompFox AI Summary
The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration to set aside an Order of Dismissal for Lack of Prosecution. The dismissal was problematic because the defendant's notice letter was sent over sixteen months prior to the dismissal petition, and the applicant's counsel claims never to have received the dismissal petition itself, thus denying due process. Furthermore, a motion for the applicant's attorney to withdraw was pending at the time of dismissal. The Board rescinded the dismissal order and returned the case to the trial level for further proceedings, emphasizing the public policy favoring hearing cases on their merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the applicant's Petition for Reconsideration to set aside an Order of Dismissal for Lack of Prosecution. The dismissal was problematic because the defendant's notice letter was sent over sixteen months prior to the dismissal petition, and the applicant's counsel claims never to have received the dismissal petition itself, thus denying due process. Furthermore, a motion for the applicant's attorney to withdraw was pending at the time of dismissal. The Board rescinded the dismissal order and returned the case to the trial level for further proceedings, emphasizing the public policy favoring hearing cases on their merits.
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