What the panel ordered
The Appeals Board rescinded the WCJ's Order dismissing the cases and returned the matter to the trial level for further proceedings.
Applicant sought reconsideration of the Joint Order Dismissing Cases dated October 6, 2022, which dismissed both cases without prejudice. The WCJ had dismissed the cases due to applicant's failure to appear at trial, but applicant contended illness and readiness to proceed. The WCJ recommended denial of reconsideration as untimely. The Appeals Board granted reconsideration on its own motion and reviewed the matter further.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition for reconsideration was untimely, but the Appeals Board granted reconsideration on its own motion. The dismissal was found invalid because the applicant's attorney's hearing representative appeared at trial, satisfying appearance requirements, making the Notice of Intention to Dismiss and the dismissal order void.
From the decision · page 1Applicant seeks reconsideration of the Joint Order Dismissing Cases (Order) dated October 6, 2022, wherein the workers' compensation administrative law judge (WCJ), dismissed both of applicant's cases without prejudice.