What the panel ordered
The Board rescinded the September 23, 2020 Order Dismissing Inactive Case and returned the matter to the trial level for further proceedings and decision by the WCJ.
Applicant seeks reconsideration of the Order Dismissing Inactive Case issued by the WCJ, which was dismissed as inactive absent timely objection within 10 days plus mailing time; the Order was dated September 18, 2020, served September 22-23, 2020; Applicant's Petition for Reconsideration was untimely filed November 5, 2020; the Board granted reconsideration on its own motion within 60 days of the Order.
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 Board found good cause to rescind the Order Dismissing Inactive Case and return the matter to the trial level for further proceedings, favoring resolution on the merits and the applicant's interest in pursuing the case and QME process.
From the decision · page 1We previously granted reconsideration in this matter on our own motion pursuant to Labor Code1 section 5900(b) to further study the factual and legal issues in this case. We now issue our Decision After Reconsideration.