Lopez, Elleana

Applicant Elleana Lopez filed a request to dismiss her cumulative trauma claim, and the WCJ issued an Order Dismissing Case without prejudice on December 23, 2022. One week later, before the dismissal order was served, applicant's counsel filed a Petition for Reconsideration stating that applicant had changed her mind and wished to pursue her case. The WCJ recommended denial because applicant offered no evidence of changed circumstances. The Appeals Board granted reconsideration, liberally construing the Petition for Reconsideration as a Petition to Reopen, and held that because the petition was timely filed within five years of the date of injury, no good cause was required to rescind the dismissal. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.