Home/Case Law/DANIEL HERRERA vs. ROBERT HARMAN & ASSOCIATES LAW OFFICES, MCKELVEY, BELLWOOD LAUNDRY & LINEN, CROTHALL LAUNDRY SERVICE; STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

DANIEL HERRERA vs. ROBERT HARMAN & ASSOCIATES LAW OFFICES, MCKELVEY, BELLWOOD LAUNDRY & LINEN, CROTHALL LAUNDRY SERVICE; STATE COMPENSATION INSURANCE FUND

Filed: Mar 26, 2019
ADJ3505181 (POM 0262203)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal occurred because the applicant's objection to the dismissal petition was allegedly not properly filed with the EAMS system, despite being mailed to the District Office. The WCAB found sufficient evidence in the applicant's petition and supporting documents to warrant a hearing on the merits of the dismissal. The case is returned to the trial level for the judge to set a hearing and consider the dismissal petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal occurred because the applicant's objection to the dismissal petition was allegedly not properly filed with the EAMS system, despite being mailed to the District Office. The WCAB found sufficient evidence in the applicant's petition and supporting documents to warrant a hearing on the merits of the dismissal. The case is returned to the trial level for the judge to set a hearing and consider the dismissal petition.

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