What the panel ordered
Petition for Reconsideration dismissed; matter returned to trial level for further proceedings treating petition as a petition to set aside and/or reopen
Petition for Reconsideration filed by applicant after WCJ dismissed case without prejudice for lack of prosecution
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.
Applicant's petition for reconsideration was dismissed because the Board found no evidence admitted to the record supporting applicant's claim of being out of the country and not receiving notice, and returned the matter to the trial level for further proceedings to develop the record and treat the petition as a petition to set aside and/or reopen.
From the decision · page 5Here, there is currently no evidence admitted into the record regarding applicant's allegation that she was out of the country and has recently returned, and in order to ensure that applicant is provided with due process, we will return this matter to the trial level for further proceedings to develop the record. Upon return of this matter to the trial level, we recommend the WCJ treat applicant's Petition as a petition to set aside, including the setting of a hearing so that applicant can provide evidence in support of her arguments and create a record upon which a decision can be made by the WCJ.