Acosta, Arturo

Applicant Arturo Acosta sought reconsideration of a June 2, 2021 Order Dismissing Case, which dismissed his denied claim without prejudice based on his and his attorney's alleged failure to appear at the May 3, 2021 trial. Applicant argued that his attorney never received proper notice of the trial. The Board found that the WCJ never created a record showing that the WCAB served a notice of hearing on applicant or his attorney, and that the WCJ improperly attempted to combine the NIT within the Minutes of Hearing, cited the wrong regulation (Rule 10755, applicable to MSCs, not trials), and improperly designated defendant to serve a final order in violation of Rule 10628. Because the NIT was not validly issued, both it and the resulting Order were void ab initio. The Board rescinded the June 2, 2021 Order.