Home/Case Law/JESSICA WATKINS vs. COUNTY OF ALEMEDA, YORK RISK SERVICES GROUP
Regular DecisionReconsideration

JESSICA WATKINS vs. COUNTY OF ALEMEDA, YORK RISK SERVICES GROUP

Filed: Oct 29, 2013
Oakland
ADJ10982659

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration and rescinded the dismissal of her case. The dismissal occurred because the applicant failed to appear at trial, but the WCAB found the administrative law judge (WCJ) improperly dismissed the case without issuing the required ten-day notice of intention to dismiss. This failure to provide notice violated the applicant's due process rights. While acknowledging the applicant's out-of-state residency and ongoing medical treatment negotiations, the WCAB cautioned that a lack of legal representation does not excuse failure to attend properly noticed proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the applicant's petition for reconsideration and rescinded the dismissal of her case. The dismissal occurred because the applicant failed to appear at trial, but the WCAB found the administrative law judge (WCJ) improperly dismissed the case without issuing the required ten-day notice of intention to dismiss. This failure to provide notice violated the applicant's due process rights. While acknowledging the applicant's out-of-state residency and ongoing medical treatment negotiations, the WCAB cautioned that a lack of legal representation does not excuse failure to attend properly noticed proceedings.

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JESSICA WATKINS vs. COUNTY OF ALEMEDA, YORK RISK SERVICES GROUP (2013) – Oakland | CompFox