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

Case No. ADJ8988767
Regular
Jun 10, 2016

JAIME HARO vs. PACIFIC STEEL CASTING, SENTRY CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order of dismissal. The dismissal was based on the applicant's failure to timely object to a notice of intention to dismiss for lack of prosecution. The applicant had, in fact, filed an objection, but erroneously included the wrong case number. The WCAB found this to be a clerical error, noting the strong public policy favoring resolution on the merits. The case was returned to the WCJ for further proceedings.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intention to DismissWCAB Rule 10582Electronic Adjudication Management System (EAMS)Verified ObjectionClerical ErrorBland v. Workmen's Comp. Appeals Bd.Marino v. Workers' Comp. Appeals Bd.
References
Case No. ADJ3505181 (POM 0262203)
Regular
Mar 26, 2019

DANIEL HERRERA vs. ROBERT HARMAN & ASSOCIATES LAW OFFICES, MCKELVEY, BELLWOOD LAUNDRY & LINEN, CROTHALL LAUNDRY SERVICE; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal occurred because the applicant's objection to the dismissal petition was allegedly not properly filed with the EAMS system, despite being mailed to the District Office. The WCAB found sufficient evidence in the applicant's petition and supporting documents to warrant a hearing on the merits of the dismissal. The case is returned to the trial level for the judge to set a hearing and consider the dismissal petition.

WCABPetition for ReconsiderationOrder Dismissing CaseLack of ProsecutionEAMSPetition for Dismissal for Lack of Diligent ProsecutionNotice of Intention to DismissObjection to DismissalRescindedReturned to Trial Level
References
Case No. ADJ1733255 (MON 0346938) ADJ4588227 (MON 0346937)
Regular
Oct 18, 2010

ARTURO CUADRAS vs. CRUCERO USA, LLC, ACE INSURANCE

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration. The defendant sought to overturn a WCJ's order that set aside a prior dismissal of the applicant's cases for lack of prosecution. The Board found that the applicant demonstrated intent to continue prosecuting the case and likely did not receive proper notice of the dismissal. Therefore, the WCJ correctly set aside the dismissal order.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationFindings and Orderlack of prosecutionOrder Dismissingset asidejurisdictionNotice of Intent to DismissobjectionRebuttal
References
Case No. ADJ6778804
Regular
Jun 15, 2012

MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

The applicant's petition for reconsideration was denied because her case was properly dismissed for failure to prosecute under Rule 10582. The applicant's counsel had not contacted her for over three years, and despite notices, the applicant failed to provide a verified objection with medical records or an explanation for her lack of contact. The Board found that the applicant and her counsel did not fulfill their duty to maintain a current address and keep the Appeals Board informed. The dismissal was without prejudice, allowing the applicant to potentially reopen the case if she can be located and demonstrates good cause within the statutory period.

Petition for ReconsiderationWCJDismissal Without PrejudiceFailure to ProsecuteAppeals Board Rule 10582Official Address RecordNotice of IntentionVerified ObjectionLack of ProsecutionGood Cause
References
Case No. ADJ292109 (LAO 0863163)
Regular
Oct 27, 2015

Erica Brumfield vs. County of Los Angeles, Department of Social Services, York Risk Services

The Appeals Board granted reconsideration and rescinded the WCJ's dismissal order. The dismissal was based on a defendant's petition containing material misrepresentations and improper service on the unrepresented applicant. Crucially, the defendant failed to properly serve notice of dismissal proceedings, and the applicant was actively pursuing her claim as evidenced by her communications with adjusters and medical providers. Therefore, the dismissal order is void *ab initio* due to lack of due process and material misrepresentations.

Amended Petition to Set Aside DismissalPetition to Dismiss Based On Lack of Prosecutionvoid ab initiomaterial misrepresentationPetition for Reconsiderationrescind the Orderindustrial injuryunrepresentedin propria personamisrepresentation of facts
References
Case No. ADJ7172643; ADJ7172641
Regular
Apr 02, 2012

JUSTIN MILLER vs. PF CHANGS CHINA BISTRO, GALLAGHER BASSETT SERVICES, INC.

This case involves an applicant whose workers' compensation claims were dismissed by the WCJ for lack of activity and prosecution. The applicant sought reconsideration, arguing due process violations and non-compliance with dismissal procedures. The Appeals Board denied the petition, finding the applicant's objections vague and lacking specific reasons for the lack of prosecution despite ample opportunity. A dissenting opinion argued that the dismissal constituted an abuse of discretion as the applicant had indicated an intention to prosecute the claim.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationJoint Order Dismissing Applicationswithout prejudicePetition for Dismissallack of activity and prosecutionNotice of Intent to Dismiss Applicationsobjections overruleddue process rights violatedCalifornia Code of Regulations title 8 section 10582
References
Case No. ADJ4250427 (MON 0359204)
Regular
Sep 16, 2011

ANA AGUILAR vs. METRO BUILDING MAINTENANCE, STATE COMPENSATION INSURANCE FUND

In this case, the Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing applicant Ana Aguilar's claim for lack of prosecution. The Board found that applicant's attorney was relieved as counsel and had lost contact with the applicant prior to the dismissal order, raising due process concerns. The dismissal order was based on a defendant's petition and a notice of intention to dismiss, but the Board found no evidence that the applicant actually received these notices. Therefore, the matter was returned to the trial level to ensure the applicant has an opportunity to be heard.

WCAB Rule 10582dismissal for lack of prosecutionex parte orderdue processlack of noticepetition for dismissalnotice of intention to dismissmotion to be relieved as counselcumulative traumamaintenance worker
References
Case No. MON 330286
Regular
Aug 24, 2007

, Applicant, JESUS MARTINEZ vs. WOODLAND HILLS CONTRY CLUB, EMPLOYER'S DIRECT INSURANCE CO.

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's order dismissing an applicant's claim for lack of prosecution. The applicant's attorney failed to respond to notices of intent to dismiss and did not provide reasons for reconsideration beyond requesting the dismissal be vacated. While the dismissal for lack of prosecution was affirmed, a dissenting commissioner believed removal should be granted regarding unpaid deposition fees.

Workers' Compensation Appeals BoardApplicant's attorneyOrder of DismissalLack of prosecutionAppeals Board Rule 10582Industrial injuryFatigueLabor Code section 5710Deposition feesPetition for Reconsideration
References
Case No. ADJ10456118
Regular
Mar 18, 2019

RANDI QUINTELL vs. FEDERAL EXPRESS CORPORATION

The applicant sought reconsideration of an order dismissing her workers' compensation case for lack of prosecution, arguing she was homeless and did not receive notice. While the Board dismissed her petition for reconsideration as the order was not final, it granted removal of the case. The Board found that the applicant would suffer prejudice if the dismissal stood without addressing her lack of notice claim due to homelessness. The case is returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationPetition for RemovalOrder Dismissing CaseLack of ProsecutionIn Pro PerActual NoticeHomelessnessWithdrawal of CounselProof of Service
References
Case No. ADJ2942360 FRE 0159106
Regular
Feb 19, 2019

JESUS ROJAS CERVANTES vs. FERIA'S FARM LABOR SERVICE, CIGA, BROADSPIRE

The Workers' Compensation Appeals Board granted reconsideration and rescinded a WCJ's order taking the applicant's case off calendar. The WCJ had dismissed the case based on a prior dismissal for lack of prosecution, but the Board found the applicant's petition for reconsideration was timely filed despite initial clerical errors. The Board found the original order procedurally defective and lacking in evidentiary support or explanation, thus returning the matter to the trial level for further proceedings.

Petition for ReconsiderationOrder Taking Off CalendarLack of ProsecutionTimelinessFiling DiscrepanciesWCJ AuthoritySummary Judgment ProhibitionDue ProcessDevelop the RecordRescind Order
References
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