CompFox AI Summary
The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.
Full Decision Text1 Pages
The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.