What the panel ordered
Reconsideration granted, prior dismissal rescinded, and matter returned to WCJ for further proceedings.
Petition for reconsideration of an Order of Dismissal; WCAB granted reconsideration, rescinded the dismissal, and returned the matter for further proceedings.
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 applicant's objection to the Notice of Intention to Dismiss was hand-delivered and date-stamped as received on August 17, 2022, but was not uploaded into EAMS until later. The timeliness and validity of the objection require further factual and legal determination, so the dismissal was rescinded and the matter remanded.
From the decision · page 4objection is timely and valid requires a determination of fact and law. Applicant should be entitled to further discovery on the issue.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's objection to the Notice of Intention to Dismiss was hand-delivered and date-stamped as received on August 17, 2022, but not uploaded into EAMS until September 14, 2022.