ADOLFO ALCEDA vs. GARDNER TRUCKING, INC., NATIONAL INTERSTATE INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal as it pertained to a final order, not an interlocutory matter. The Board also denied the defendant's petition for reconsideration, upholding the administrative law judge's decision to rescind a dismissal for lack of prosecution. This rescission was granted because the applicant was not properly served with the dismissal notice due to an incorrect address in the EAMS system. The WCAB found that the applicant's objection to the dismissal, citing delayed doctor's reports due to retirement, constituted good cause.