CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration and rescinded the dismissal of her case. The dismissal occurred because the applicant failed to appear at trial, but the WCAB found the administrative law judge (WCJ) improperly dismissed the case without issuing the required ten-day notice of intention to dismiss. This failure to provide notice violated the applicant's due process rights. While acknowledging the applicant's out-of-state residency and ongoing medical treatment negotiations, the WCAB cautioned that a lack of legal representation does not excuse failure to attend properly noticed proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration and rescinded the dismissal of her case. The dismissal occurred because the applicant failed to appear at trial, but the WCAB found the administrative law judge (WCJ) improperly dismissed the case without issuing the required ten-day notice of intention to dismiss. This failure to provide notice violated the applicant's due process rights. While acknowledging the applicant's out-of-state residency and ongoing medical treatment negotiations, the WCAB cautioned that a lack of legal representation does not excuse failure to attend properly noticed proceedings.
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