CompFox AI Summary
The WCAB denied the defendant's petition for removal, which sought to rescind a WCJ's order denying dismissal. The WCJ had correctly noted that the defendant vitiated its dismissal petition by concurrently filing a Declaration of Readiness to Proceed, thus reactivating the case. Although the defendant's petition was dismissed without prejudice, the Board clarified that filing a DOR does not prevent a case from being dismissed if inactive for over a year. The case is now scheduled for a mandatory settlement conference where the dismissal issue can be addressed on its merits.
Full Decision Text1 Pages
The WCAB denied the defendant's petition for removal, which sought to rescind a WCJ's order denying dismissal. The WCJ had correctly noted that the defendant vitiated its dismissal petition by concurrently filing a Declaration of Readiness to Proceed, thus reactivating the case. Although the defendant's petition was dismissed without prejudice, the Board clarified that filing a DOR does not prevent a case from being dismissed if inactive for over a year. The case is now scheduled for a mandatory settlement conference where the dismissal issue can be addressed on its merits.
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