Fredy Lara Portillo — ADJ12602375

In this workers' compensation death claim, the applicant's case was administratively dismissed on March 18, 2021 for inactivity under WCAB Rule 10550, despite the parties actively engaging in the QME selection process at the same time. The WCJ denied applicant's petition to set aside the dismissal, finding she had not shown the dismissal resulted from attorney mistake, surprise, or excusable neglect. The Board granted reconsideration, holding that applicant's counsel had filed a timely verified pleading admitting attorney mistake and inadvertence (a missed objection to the NIT due to office personnel changes), which was sufficient under a procedure substantially similar to Code of Civil Procedure section 473(b). Emphasizing the strong public policy favoring disposition on the merits and the lack of prejudice to defendant, the Board rescinded the dismissal order and ordered the case adjudicated on its merits, while denying defendant's requests for costs and sanctions.