Home/Case Law/GEORGE DIAZ vs. CHILDREN'S HOSPITAL OF ORANGE, TRISTAR
Regular DecisionReconsideration

GEORGE DIAZ vs. CHILDREN'S HOSPITAL OF ORANGE, TRISTAR

Filed: Feb 01, 2010
San Francisco
ADJ6708766

CompFox AI Summary

This case involves an applicant's petition for reconsideration of a dismissal order due to his and his attorney's failure to appear at a mandatory settlement conference. The applicant claimed his attorney was ill and had notified defense counsel, and an objection with good cause was filed. The WCJ recommended granting reconsideration, rescinding the dismissal, and returning the case to the trial level. The Appeals Board, agreeing with the WCJ's recommendation and finding the petition timely, granted reconsideration and rescinded the dismissal order, remanding the case for further proceedings. The Board deferred ruling on the defendant's sanctions request to the WCJ.

Full Decision Text1 Pages

This case involves an applicant's petition for reconsideration of a dismissal order due to his and his attorney's failure to appear at a mandatory settlement conference. The applicant claimed his attorney was ill and had notified defense counsel, and an objection with good cause was filed. The WCJ recommended granting reconsideration, rescinding the dismissal, and returning the case to the trial level. The Appeals Board, agreeing with the WCJ's recommendation and finding the petition timely, granted reconsideration and rescinded the dismissal order, remanding the case for further proceedings. The Board deferred ruling on the defendant's sanctions request to the WCJ.

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