What the panel ordered
The Order for Dismissal of Application dated February 4, 2020, is rescinded, and the matter is returned to the trial level for further proceedings and a new decision by the WCJ.
The WCJ dismissed the Application for Adjudication of Claim, but the Appeals Board granted reconsideration and rescinded the dismissal, returning the matter to the trial level for further proceedings and a new decision by the WCJ.
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 WCJ's dismissal lacked a proper evidentiary record and reasons, violating procedural rules and denying the applicant a merits determination, so the dismissal was rescinded and the case remanded for further proceedings.
From the decision · page 3In this case, the WCJ did not create a record and did not provide reasons for dismissing the Application for Adjudication of Claim until applicant filed a petition for reconsideration. The WCJ's approach is inconsistent with the requirements of Hamilton, supra.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.