CompFox AI Summary
Defendant sought dismissal of the applicant's claim for failure to prosecute, but the WCJ denied the petition, finding it prematurely filed due to a mailing service calculation error. The Appeals Board granted the defendant's Petition for Removal, finding the applicant received adequate notice and opportunity to respond, despite the WCJ's procedural calculation. The Board rescinded the WCJ's order and returned the matter for the issuance of a ten-day Notice of Intention to Dismiss.
Full Decision Text1 Pages
Defendant sought dismissal of the applicant's claim for failure to prosecute, but the WCJ denied the petition, finding it prematurely filed due to a mailing service calculation error. The Appeals Board granted the defendant's Petition for Removal, finding the applicant received adequate notice and opportunity to respond, despite the WCJ's procedural calculation. The Board rescinded the WCJ's order and returned the matter for the issuance of a ten-day Notice of Intention to Dismiss.
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