Shane Bazzell — ADJ11109473

Defendant Ace American Insurance Co., administered by Sedgwick CMS, sought reconsideration of a WCJ Minute Order that denied its Petition to Dismiss Inactive Case. The applicant, a former professional athlete for the Texas Rangers, had objected to the dismissal on the basis that he was incarcerated in Missouri. The WCJ denied the dismissal at a status conference without taking any evidence or testimony. The Board held that the Order was an interlocutory procedural decision and not a 'final' order, so it dismissed the petition to the extent it sought reconsideration but treated and granted it as a petition for removal. Because the Order was issued without creating an evidentiary record, the Board rescinded it and returned the matter to the trial level to develop a complete record and issue a new decision.