CompFox AI Summary
The Workers' Compensation Appeals Board granted Pepsi's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The WCJ improperly allowed the applicant to withdraw her election against US Bank without providing Pepsi notice or an opportunity to be heard. This violated due process, as Pepsi was not aware of the withdrawal of the election issue it had prepared to address. The case is returned to the WCJ for further proceedings, including a status conference to properly address the election issue.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted Pepsi's Petition for Removal, rescinding the WCJ's order to take the case off calendar. The WCJ improperly allowed the applicant to withdraw her election against US Bank without providing Pepsi notice or an opportunity to be heard. This violated due process, as Pepsi was not aware of the withdrawal of the election issue it had prepared to address. The case is returned to the WCJ for further proceedings, including a status conference to properly address the election issue.
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