Whether the appeal should be struck from the roll after the insurer reconsidered the challenged decision and the dispute became moot.
The court took note of the insurer’s reconsideration, held that the dispute had become moot, and struck the case from the roll while remanding the matter for a new decision.
Under Art. 53 para. 3 LPGA, the insurer may reconsider an appealed decision before submitting its preliminary response. Since both the insurer and the AVS fund accepted the appellant’s position and acknowledged the challenged decision was unfounded, there was no longer a live dispute.