CompFox AI Summary
The WCAB granted reconsideration and rescinded a dismissal order because the applicant's petition to reopen was dismissed without a proper evidentiary hearing. The applicant's objection to the notice of intention to dismiss was apparently not considered, and the dismissal itself was procedurally improper as there is no summary judgment in workers' compensation. Furthermore, the dismissal order was not timely served on the applicant, making the petition for reconsideration timely. The case is returned to the trial level for further proceedings.
Full Decision Text1 Pages
The WCAB granted reconsideration and rescinded a dismissal order because the applicant's petition to reopen was dismissed without a proper evidentiary hearing. The applicant's objection to the notice of intention to dismiss was apparently not considered, and the dismissal itself was procedurally improper as there is no summary judgment in workers' compensation. Furthermore, the dismissal order was not timely served on the applicant, making the petition for reconsideration timely. The case is returned to the trial level for further proceedings.
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