What the panel ordered
The WCAB grants reconsideration, rescinds the February 23, 2009 Order for Dismissal, and returns the matter to the WCJ for further proceedings and decision.
Applicant seeks reconsideration of the Order for Dismissal issued by the WCJ on February 23, 2009, which dismissed the case for failure to prosecute. The WCAB reviews the petition for reconsideration and the WCJ's Report recommending dismissal of the petition as untimely.
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 NOI was vague and failed to provide proper notice and due process, making the Order for Dismissal invalid. Service of the Order for Dismissal was also defective under former WCAB Rule 10500. Therefore, reconsideration was granted and the dismissal order rescinded.
From the decision · page 2Due process requires that a party be provided with reasonable notice and an opportunity to be heard. (Katzin v. Workers' Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 711-712 [57
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.