CompFox AI Summary
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's order dismissing the case, and returned the matter for further proceedings. The Board found that the applicant, who claimed incarceration and mental health issues prevented his appearance, was entitled to a hearing to determine if there was good cause to set aside the dismissal. The WCJ incorrectly believed they lacked jurisdiction to revisit the dismissal order. The applicant's due process rights require an opportunity to present evidence and testimony regarding the dismissal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted reconsideration, rescinded the WCJ's order dismissing the case, and returned the matter for further proceedings. The Board found that the applicant, who claimed incarceration and mental health issues prevented his appearance, was entitled to a hearing to determine if there was good cause to set aside the dismissal. The WCJ incorrectly believed they lacked jurisdiction to revisit the dismissal order. The applicant's due process rights require an opportunity to present evidence and testimony regarding the dismissal.
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