Home/Case Law/WILLIAM LABAT vs. LABAT'S TREE CARE, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

WILLIAM LABAT vs. LABAT'S TREE CARE, STATE COMPENSATION INSURANCE FUND

Filed: Apr 23, 2018
Santa Ana
ADJ7211836

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and vacated a dismissal order because the applicant's case was dismissed for lack of prosecution without adequate notice. Due to confusion regarding the applicant's correct address and SCIF's mailing of notices to incorrect locations, the applicant was unaware of the dismissal hearing. The WCAB found that the time for the applicant to petition for reconsideration was tolled due to the lack of proper service, and therefore rescinded the dismissal order. The case is returned to the trial level for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and vacated a dismissal order because the applicant's case was dismissed for lack of prosecution without adequate notice. Due to confusion regarding the applicant's correct address and SCIF's mailing of notices to incorrect locations, the applicant was unaware of the dismissal hearing. The WCAB found that the time for the applicant to petition for reconsideration was tolled due to the lack of proper service, and therefore rescinded the dismissal order. The case is returned to the trial level for further proceedings.

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