Home/Case Law/JOSEPH JOHNWELL (Deceased), SA’EEDA JOHNWELL (Widow) vs. DUARTE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICE GROUP
Regular DecisionReconsideration

JOSEPH JOHNWELL (Deceased), SA’EEDA JOHNWELL (Widow) vs. DUARTE UNIFIED SCHOOL DISTRICT, YORK RISK SERVICE GROUP

Filed: Jan 22, 2018
Pomona
ADJ7787995 ADJ7915018

CompFox AI Summary

This case involved a widow's petition for reconsideration of a dismissal order for her deceased husband's workers' compensation claims. The original dismissal was due to the widow's failure to attend a mandatory settlement conference and a lack of good cause for her absence. The widow argued the dismissal was procured by fraud, alleging the defendant misrepresented the status of benefits and medical opinions. The Appeals Board denied reconsideration, finding the petition untimely and lacking sufficient proof of fraud, and affirming the dismissal was based on the failure to appear.

Full Decision Text1 Pages

This case involved a widow's petition for reconsideration of a dismissal order for her deceased husband's workers' compensation claims. The original dismissal was due to the widow's failure to attend a mandatory settlement conference and a lack of good cause for her absence. The widow argued the dismissal was procured by fraud, alleging the defendant misrepresented the status of benefits and medical opinions. The Appeals Board denied reconsideration, finding the petition untimely and lacking sufficient proof of fraud, and affirming the dismissal was based on the failure to appear.

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