CompFox AI Summary
The Appeals Board granted reconsideration and rescinded a dismissal with prejudice, returning the case to the trial level. Applicant's counsel argued due process violations due to improper notice and language barriers, but the Board noted the applicant's lack of diligence and multiple missed opportunities to object. The Board found insufficient evidence to determine the cause of non-response and ordered a hearing to address the merits of the dismissal petition. A hearing is now required to resolve the applicant's claims regarding treatment and communication issues.
Full Decision Text1 Pages
The Appeals Board granted reconsideration and rescinded a dismissal with prejudice, returning the case to the trial level. Applicant's counsel argued due process violations due to improper notice and language barriers, but the Board noted the applicant's lack of diligence and multiple missed opportunities to object. The Board found insufficient evidence to determine the cause of non-response and ordered a hearing to address the merits of the dismissal petition. A hearing is now required to resolve the applicant's claims regarding treatment and communication issues.
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