CompFox AI Summary
The Appeals Board dismissed the applicant's Petition for Removal because the Order of Dismissal for Lack of Prosecution was a final order, making reconsideration, not removal, the appropriate remedy. The applicant's argument that the Board could set aside the dismissal under Labor Code section 5803 or equity powers under Code of Civil Procedure section 473 was rejected. The Board also admonished the applicant's attorney to file more coherent and specific petitions in the future.
Full Decision Text1 Pages
The Appeals Board dismissed the applicant's Petition for Removal because the Order of Dismissal for Lack of Prosecution was a final order, making reconsideration, not removal, the appropriate remedy. The applicant's argument that the Board could set aside the dismissal under Labor Code section 5803 or equity powers under Code of Civil Procedure section 473 was rejected. The Board also admonished the applicant's attorney to file more coherent and specific petitions in the future.
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