CompFox AI Summary
The Appeals Board granted reconsideration on its own motion to set aside a prior dismissal. The dismissal occurred when the applicant failed to appear at trial, but her attorney did attend. The administrative law judge conceded error, as dismissal is not permitted under these circumstances per WCAB Rule 10562. Furthermore, the applicant alleged she never received actual notice of trial due to her former attorney's failure to update her address. The Board rescinded the dismissal and returned the case for further proceedings, favoring a hearing on the merits.
Full Decision Text1 Pages
The Appeals Board granted reconsideration on its own motion to set aside a prior dismissal. The dismissal occurred when the applicant failed to appear at trial, but her attorney did attend. The administrative law judge conceded error, as dismissal is not permitted under these circumstances per WCAB Rule 10562. Furthermore, the applicant alleged she never received actual notice of trial due to her former attorney's failure to update her address. The Board rescinded the dismissal and returned the case for further proceedings, favoring a hearing on the merits.
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