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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ10044579
Regular
Dec 20, 2017

NEVITA BAILEY vs. FIRST GROUP AMERICA, NEW HAMPSHIRE INSURANCE COMPANY

The applicant filed a Petition for Removal after the Administrative Law Judge (ALJ) issued a Notice of Intent to Dismiss due to the applicant's failure to appear at a Mandatory Settlement Conference (MSC). The ALJ's notice stipulated dismissal unless the applicant appeared at a rescheduled MSC, which was subsequently taken off calendar due to the removal petition. The Appeals Board denied removal, finding no substantial prejudice as the applicant's failure to appear at the rescheduled MSC was rendered moot by the rescheduling. The Board also noted that a Notice of Intent to Dismiss should not be issued for a *potential* future failure to appear, but rather based on an actual occurrence.

Petition for RemovalWorkers' Compensation Appeals BoardMandatory Settlement ConferenceAdministrative Law JudgeNotice of Intent to DismissWCAB Rule 10563WCAB Rule 10562substantial prejudiceirreparable harmreconsideration
References
2
Case No. MISSING
Regular Panel Decision

Ridgewood Savings Bank v. Houston (In Re Houston)

The debtor, Leonard W. Houston, filed for Chapter 13 bankruptcy. Plaintiff Ridgewood Savings Bank, holding a mortgage on the debtor's home, commenced an adversary proceeding to vacate the automatic stay to facilitate foreclosure. A default judgment was granted against the debtor for failure to appear, which he moved to set aside, citing excusable neglect due to an ankle injury. The case was remanded on appeal for further findings. The court found that while the debtor's failure to appear constituted excusable neglect, he failed to demonstrate a meritorious defense, as he lacked equity in the property and had not made mortgage payments or reimbursed the bank for taxes for an extended period, leading to a lack of adequate protection for the Bank. Consequently, the court denied the debtor's application to set aside the default judgment.

BankruptcyAutomatic StayDefault JudgmentForeclosureExcusable NeglectMeritorious DefenseAdequate ProtectionMortgage LienChapter 13Equity Cushion
References
29
Case No. ADJ8287163
Regular
Apr 15, 2014

DEAN LINDENMUTH vs. RACK WIDE, INC.; Administered By APPLIED RISK MANAGEMENT

This case involves an applicant seeking to reinstate his workers' compensation claim, which was dismissed due to his and his attorney's failure to appear at two hearings. The applicant's attorney cited a miscommunication regarding representation after the case venue was moved, leading to a mistaken belief that another attorney had taken over the case. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the matter to the trial level. The Board also directed the judge to consider sanctions against the applicant's attorneys for their failure to properly handle the case and appear.

Workers' Compensation Appeals BoardADJ8287163Petition for ReconsiderationOrder Dismissing CaseWCJfailure to appeardue processvenue transfermiscommunicationattorney representation
References
0
Case No. ADJ10243783
Regular
Jan 27, 2017

PEDRO GALARZA SALAZAR vs. HOMEY PET STATION, MID-CENTURY INSURANCE CO., FARMERS INSURANCE CO.

The applicant sought reconsideration of a case dismissed for the applicant's attorney's failure to appear at a priority conference and respond to a Notice of Intent to Dismiss. Although the attorney did not appear at the scheduled time, he did appear later that morning and addressed the WCJ. The Board granted reconsideration, rescinded the dismissal, and returned the case for further proceedings. The Board found that the WCJ should have treated the applicant's subsequent appearance as an objection and scheduled a hearing, rather than dismissing the case.

WCABPetition for ReconsiderationOrder Dismissing CasePriority ConferenceNotice of Intent to DismissFailure to AppearWCJApplicant's AttorneyMinutes of HearingObjection
References
1
Case No. ADJ7526524
Regular
Nov 15, 2013

LUIS GONZALEZ vs. ONTIC ENGINEERING MANUFACTURING, INSURANCE CO. OF THE STATE OF PENNSYLVANIA, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order. The applicant's case was dismissed for failure to appear at trial, but the Board found this was an error. An attorney representative for the applicant was present at the trial, satisfying the appearance requirement. Furthermore, the applicant was not required to appear personally unless subpoenaed or given specific notice, which did not occur. The case was rescinded and returned for further proceedings.

WCABPetition for ReconsiderationOrder Dismissing CaseFailure to AppearOut of CountryPrior AttorneyWCAB Rule 10562(a)Hearing RepresentativeHearsay EvidenceMedical Reports
References
6
Case No. ADJ6679351
Regular
Sep 27, 2010

RAMON CURIEL vs. EFREN REYES POOL AND PLASTERING, INC., LINCOLN GENERAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration and reversed a dismissal order. The applicant's case was dismissed for failure to appear at three hearings, which the applicant contended was due to unfortunate events affecting his attorney. While acknowledging that the applicant's counsel was at fault, the Board emphasized the constitutional mandate to accomplish substantial justice. The case was returned to the trial level WCJ to be heard on its merits, preserving the applicant's right to pursue his claim despite procedural failures.

Workers' Compensation Appeals BoardReconsiderationOrder Dismissing CaseFailure to AppearAttorney Non-AppearanceIndustrial InjuryPlastererDemolition ExpertMandatory Settlement ConferenceNotice of Intention to Dismiss
References
7
Case No. ADJ10982659
Regular
Oct 29, 2013

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

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.

WCABPetition for ReconsiderationOrder of DismissalFailure to AppearTrialOut of State ApplicantDue ProcessFair HearingWCAB Rule 10562Notice of Intention to Dismiss
References
1
Case No. ADJ880264 (AHM 0133336)
Regular
Apr 19, 2017

DANIEL MEDINA vs. CONTROL AIR CONDITIONING, ZURICH NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration and rescinded the dismissal of his case. The dismissal was deemed a violation of due process because the applicant did not receive adequate notice that his case would be dismissed based on his personal appearance at the June 26, 2017 trial or his alleged lack of participation. The WCAB found that the original Notice of Intention to Dismiss was solely based on failure to appear at the May 15, 2017 trial, and the applicant's request for an opportunity to be heard on these issues was improperly denied. Consequently, the matter was returned to the trial level for further proceedings, ensuring the applicant's right to a fair hearing.

Petition for ReconsiderationDismissal of CaseNotice of Intention to DismissDue ProcessFailure to AppearAttorney Calendaring ErrorReport and RecommendationWorkers' Compensation JudgeWCABFindings of Fact
References
11
Case No. ADJ3780421 (LAO 0743957) ADJ3836237 (LAO 0755083)
Regular
Oct 28, 2011

Teola Carter vs. GUADALUPE HOMES/TRINITY HOMES, CIGA by BROADSPIRE, A CRAWFORD COMPANY FOR SUPERIOR NATIONAL INSURANCE CO. IN LIQUIDATION

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing applicant Teola Carter's case. The dismissal stemmed from her failure to appear at two trial dates, but the WCAB found that applicant may not have received adequate notice due to a change in her residence. Since applicant's attorney appeared at both trials and there's a strong policy favoring disposition on the merits, the matter was returned for further proceedings.

Order of DismissalPetition for ReconsiderationFailure to AppearNotice of TrialGood CauseSubstantial JusticeDue ProcessAppeals Board Rule 10562Labor Code section 5504WCJ Report
References
10
Case No. ADJ3118083
Regular
Jun 14, 2010

MARCELO SANDOVAL vs. TRITON CHANDELIER, INC., SPECIALTY RISK LA HABRA

The applicant seeks reconsideration of a case dismissed for failure to appear at a mandatory settlement conference. The Appeals Board granted reconsideration, finding the petition timely filed. However, the Board issued a notice of intention to impose sanctions on applicant's counsel for failing to appear at the conference and failing to notify the Board. Applicant's counsel must show good cause within 15 days to avoid a $250.00 sanction for causing unnecessary delay.

WCABPetition for ReconsiderationMandatory Settlement ConferenceNotice of Intention to DismissLabor Code § 5813sanctionsgood causeuntimely filingunverified petitionEAMS
References
2
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