CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to a lack of due process. The defendant was not served with the WCJ's February 17, 2022 Order until months later, depriving them of notice and an opportunity to be heard. The Board found that the WCJ erred by issuing the order without an evidentiary record or adjudicating preliminary issues like statute of limitations. Consequently, the prior order was rescinded, and the case was returned to the WCJ for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's Petition for Removal due to a lack of due process. The defendant was not served with the WCJ's February 17, 2022 Order until months later, depriving them of notice and an opportunity to be heard. The Board found that the WCJ erred by issuing the order without an evidentiary record or adjudicating preliminary issues like statute of limitations. Consequently, the prior order was rescinded, and the case was returned to the WCJ for further proceedings.
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