What the panel ordered
The August 19, 2022 Order Denying Petition to Dismiss is affirmed.
Defendant sought reconsideration of the WCJ's August 19, 2022 Order Denying Petition to Dismiss; the Board granted reconsideration to further study the issues and now issues its decision after reconsideration.
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.
Defendant failed to serve applicant with the required notice under WCAB Rule 10550(b), making the Petition to Dismiss defective and violating applicant's due process rights. Additionally, the cases were reactivated for hearing, restarting the one-year period for dismissal under Rule 10550(a), rendering the issue moot.
From the decision · page 3In the instant case, defendant failed to serve applicant with a copy of the letter indicating defendant's intention to seek dismissal of the claim in contravention to WCAB Rule 10550(b). Defendant served only applicant's attorney and American Claims Management. As indicated by the WCJ, failure to serve notice to applicant not only makes defendant's Petition to Dismiss defective, but "violates applicant's right to due process." (Report, p. 3.)