CompFox AI Summary
The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of the applicant's specific injury claim (ADJ8219541). This specific injury was improperly dismissed as it was never properly set for trial or noticed for hearing. However, the WCJ's decision dismissing the applicant's cumulative trauma claim (ADJ8219543) was affirmed. The cumulative trauma claim was properly submitted for decision after the applicant failed to object to the notice of intent to submit despite his representative's appearance at trial.
Full Decision Text1 Pages
The Appeals Board granted reconsideration, rescinding the WCJ's dismissal of the applicant's specific injury claim (ADJ8219541). This specific injury was improperly dismissed as it was never properly set for trial or noticed for hearing. However, the WCJ's decision dismissing the applicant's cumulative trauma claim (ADJ8219543) was affirmed. The cumulative trauma claim was properly submitted for decision after the applicant failed to object to the notice of intent to submit despite his representative's appearance at trial.
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