CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration due to untimely service on the applicant's counsel of record. The defendant failed to properly serve the petition, which is a procedural defect that deprives the applicant of due process rights. While one commissioner concurred with the dismissal on procedural grounds, she dissented regarding the merits, arguing the petition should have been granted to develop the record on the permanent disability rating. The majority opinion noted that even if properly served, the petition would have been denied on its merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration due to untimely service on the applicant's counsel of record. The defendant failed to properly serve the petition, which is a procedural defect that deprives the applicant of due process rights. While one commissioner concurred with the dismissal on procedural grounds, she dissented regarding the merits, arguing the petition should have been granted to develop the record on the permanent disability rating. The majority opinion noted that even if properly served, the petition would have been denied on its merits.
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