CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of the applicant's case. The dismissal was for lack of prosecution after the applicant's attorney failed to respond to notices of intent to dismiss. The Board found that the attorney's repeated trips to Mexico to attend his gravely ill father, who subsequently passed away, constituted excusable neglect. Given the strong public policy favoring disposition on the merits and the constitutional mandate to achieve substantial justice, the Board determined the applicant should not be penalized for counsel's oversight. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal of the applicant's case. The dismissal was for lack of prosecution after the applicant's attorney failed to respond to notices of intent to dismiss. The Board found that the attorney's repeated trips to Mexico to attend his gravely ill father, who subsequently passed away, constituted excusable neglect. Given the strong public policy favoring disposition on the merits and the constitutional mandate to achieve substantial justice, the Board determined the applicant should not be penalized for counsel's oversight. The case was returned to the trial level for further proceedings.
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