Labor Finders And Ace Usa, Administered By Esis Joe Huerta WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJOE HUERTA, Applicant,vs.LABOR FINDERS and ACE USA, Administered by ESIS, Defendant(s).Case No. FRE 224346OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERTION Joe Huerta, applicant in propria persona, seeks reconsideration of the “Order of Dismissal” of November 6, 2007, in which the workers compensation administrative law judge (WCJ) dismissed applicant’s case-in-chicf in FRE 224346. Applicant alleges, in substance, that he wishes to pursue his case, but he was unable to attend the hearing of November 6, 2007 due to extreme hardship and ill health. Defendant filed an answer. WCAB Rule 10582 provides, in relevant part, as follows:”Unless a case is activated for hearing within one year after the filing of the Application for Adjudication or the entry of an order taking off calendar, the case may be dismissed after notice and opportunity to be heard. Such dismissals may be entered at the request of an interested party or upon the Workers’ Compensation Appeals Boards own motion for lack of prosecution. A case may be dismissed after issuance of a ten (10) day notice of intention to dismiss and an opportunity to be heard, but not by an order with a clause rendering the order null and void if an objection showing good cause is filed.”A petition by a defendant to dismiss the case must be accompanied by a copy of a letter mailed to the applicant and, if represented, to the applicant’s attorney or representative, more than thirty (30) days before the filing of the petition to dismiss. This letter must state that it is the intention of the persons signing the letter to file a petition for dismissal thirty (30) days after the date of that lener unless the applicant or his attorney or representative shows in writing some good reason for not dismissing the case. A copy of the reply, if any, must be at
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