John Fitzpatrick — ADJ13725703

Applicant John Fitzpatrick, in pro per, sought reconsideration of an Order Dismissing his case without prejudice, which the WCJ issued pursuant to a Notice of Intention to Dismiss after defendant petitioned for dismissal on statute of limitations grounds. The WCJ determined that applicant's 2018 ankle/back injury was a compensable consequence of his 2015 claim (which had concurrent Longshore jurisdiction and was voluntarily dismissed), that benefits were administered under the Longshore claim, and that the new claim was time-barred. The Appeals Board held that the WCJ dismissed the case without affording applicant a hearing, violating his due process rights, and that the petition-for-dismissal process improperly functioned as a prohibited summary judgment proceeding. The Board granted reconsideration, rescinded the Order, and returned the matter to the trial level for development of the record and further proceedings consistent with due process.