Minish, Diane

Diane Minish's case was dismissed via a September 6, 2016 Order Dismissing following a Notice of Intention to Dismiss. A WCJ initially found applicant did not rebut the presumption of receipt of the NIT and Order and found no good cause to vacate. On reconsideration, the Appeals Board rescinded the WCJ's F&O and substituted a new F&O finding applicant rebutted the presumption of receipt and demonstrated good cause to vacate the Order Dismissing. Defendant petitioned for reconsideration of that Decision, arguing the WCJ had actually found applicant had notice. The Board denied the Petition for Reconsideration, finding the WCJ's opinion contained contradictory statements but that applicant's credible affirmative testimony of non-receipt rebutted the mailing presumption and that due process required setting aside the void Order Dismissing.