Zaffina, Edward

Applicant Edward Zaffina, in pro per, sought reconsideration of an Amended Joint Order of Dismissal of his seven consolidated cumulative trauma cases entered July 31, 2024 for lack of prosecution after he failed to appear at scheduled trials concerning the proper QME/AME evaluator. The Board found the applicant timely filed an objection to the Notice of Intention to Dismiss, but the WCJ failed to take one of the actions required under WCAB Rule 10832 and never held a hearing, took testimony, or admitted evidence on the dismissal issue. The Board held that without a developed record it could not evaluate the dismissal and that due process entitled applicant to a hearing. The Board also noted that the January 29, 2024 Order Compelling Attendance was defective because it referenced a passed examination date (January 19, 2023) and failed to identify the physician, location, time, or basis. The Board granted reconsideration, rescinded the Joint Order of Dismissal, and returned the matter to the trial level for further proceedings.