CompFox AI Summary
The defendant sought removal after their petition to dismiss the applicant's workers' compensation claim was denied. The Appeals Board denied the removal, affirming the WCJ's decision based on the defendant's failure to properly notify the applicant of the dismissal petition due to an incorrect address. While the Board disagreed with the WCJ's reasoning regarding case activation, they found the procedural defect in notice was sufficient grounds to deny dismissal. The applicant's potential incarceration also weighs against dismissal for lack of prosecution.
Full Decision Text1 Pages
The defendant sought removal after their petition to dismiss the applicant's workers' compensation claim was denied. The Appeals Board denied the removal, affirming the WCJ's decision based on the defendant's failure to properly notify the applicant of the dismissal petition due to an incorrect address. While the Board disagreed with the WCJ's reasoning regarding case activation, they found the procedural defect in notice was sufficient grounds to deny dismissal. The applicant's potential incarceration also weighs against dismissal for lack of prosecution.
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