Anthony Thomas — ADJ9855080

Applicant Anthony Thomas sought reconsideration of a December 8, 2020 Order Dismissing his cumulative trauma claim, which the WCJ entered after no objection or good cause was filed in response to a Notice of Intention to Dismiss (NOI). The case had a lengthy history of applicant failing to attend depositions and panel QME evaluations despite Orders Compelling attendance. Applicant contended he never received the NOI or Order Dismissing Case, raising a due process challenge. The Appeals Board found the record insufficient to evaluate either the Petition or the Order because there was no record of admitted evidence, submitted issues, or stipulations as required by Labor Code section 5313 and Hamilton. The Board granted reconsideration, rescinded the Order, and returned the matter to the WCJ to hold a hearing on the due process contention and, if necessary, applicant's objection to the NOI.