CompFox AI Summary
This case involves applicant Carmen Baprawski's claim for workers' compensation benefits due to stress and harassment sustained during her employment as a counselor. The administrative law judge dismissed the case without prejudice for failure to object to a Notice of Intention to Dismiss. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal order. The Board emphasized the legal policy favoring hearings on the merits and returned the case to the trial level. The WCJ is directed to treat the reconsideration petition as a timely objection and hold an evidentiary hearing on dismissal, considering factors like the applicant's capacity to sit for deposition.
Full Decision Text1 Pages
This case involves applicant Carmen Baprawski's claim for workers' compensation benefits due to stress and harassment sustained during her employment as a counselor. The administrative law judge dismissed the case without prejudice for failure to object to a Notice of Intention to Dismiss. The Workers' Compensation Appeals Board granted reconsideration, rescinding the dismissal order. The Board emphasized the legal policy favoring hearings on the merits and returned the case to the trial level. The WCJ is directed to treat the reconsideration petition as a timely objection and hold an evidentiary hearing on dismissal, considering factors like the applicant's capacity to sit for deposition.
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