Aguilar, Victor

Applicant Victor Aguilar filed two claims against Mowbray's Tree Services (insured by Benchmark Insurance Company) for injuries during his employment. After applicant failed to appear for depositions, defendant filed a Petition to Dismiss for Lack of Prosecution, and the WCJ issued an Order Dismissing the cases without prejudice on October 26, 2022. Applicant sought reconsideration, explaining he had to return to Mexico abruptly for a family emergency. The Board rescinded the dismissal order, finding three significant due process violations: defendant served the required notice letter and the petition to dismiss at applicant's attorney's outdated address despite a filed change of address, and the WCJ issued the dismissal order only fourteen days after proper service of the NIT rather than the required twenty days. The matter was returned to the trial level for further proceedings.