Josue Ramos — ADJ12785180

Applicant Josue Ramos sought reconsideration of a January 26, 2022 Order Dismissing his application in an inactive case, which was dismissed for lack of activity for over 12 months under WCAB Rule 10550. Applicant contended that he had sought medical treatment for his industrial injuries as recently as December 2021 and that his attorney had not received the Notice of Intention to Dismiss from the WCAB. While the WCJ found defendant had complied with procedural requirements and that applicant's bare assertion of non-receipt was unpersuasive under Evidence Code section 641, the Board concluded that applicant's claims of ongoing treatment and non-receipt raised both substantive and procedural due process concerns. Citing the strong public policy favoring adjudication on the merits and the Board's duty to develop an adequate record, the Board granted the petition, rescinded the dismissal order, and returned the matter to the trial level for further proceedings.