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

Case No. ADJ8902882
Regular
Jan 08, 2016

Veronica Sanchez vs. TJX Companies/Marshalls of California, LLC, Zurich American Insurance Company

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior dismissal order. The original dismissal was issued because lien claimant Able Physical Therapy failed to appear at a lien conference and did not object to a Notice of Intention to Dismiss. However, the WCAB found that the dismissal order erroneously dismissed the entire application, not just Able's lien, which was the scope of the notice. The WCAB also noted that Able claimed a settlement had been reached prior to the conference.

Petition for ReconsiderationOrder of DismissalLien ConferenceNotice of Intention to DismissWorkers' Compensation Appeals BoardWCJPro PerLien ClaimantSettlementLack of Communication
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The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution.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. ADJ11276421
Regular
Mar 15, 2019

SABAS GAMBOA vs. FULLERTON PACIFIC INTERIORS, INC., INSURANCE COMPANY OF THE WEST

The applicant sought reconsideration of an order dismissing defendant Clark Builders and others, arguing it was improper as Clark Builders was not a party. The Appeals Board dismissed the applicant's petition for reconsideration as untimely and from a non-final order. However, the Board granted removal on its own motion to correct the record, as Clark Builders was never properly a party. The Board rescinded the original dismissal order and issued a new order dismissing Arch Indemnity Insurance Company and Gallagher Bassett Services, Inc. without prejudice.

Workers' Compensation Appeals BoardPetition for ReconsiderationRemovalOrder DismissingLack of EmploymentClark BuildersArch Indemnity Insurance CompanyGallagher Bassett ServicesInc.Fullerton Pacific Interiors
References
Case No. ADJ7207713; ADJ7564833 ADJ7225655
Regular
Feb 05, 2013

CARMEN CARRASCO vs. LOS ANGELES DODGERS, ACE INSURANCE COMPANY

This case concerns lien claimants whose liens were dismissed for failing to appear at a lien conference. The Appeals Board granted reconsideration, rescinding the dismissal for Metropolitan Health Medical Group due to insufficient proof of service. However, the dismissals for Kohanim Chiropractic and Marina Kuznetsova were affirmed due to their failure to appear and lack of objection. The matter for Metropolitan Health Medical Group is remanded for further proceedings.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissal of LiensLien ConferenceExcusable NeglectProof of ServiceRescinded DismissalAffirmed DismissalTrial Level ProceedingsCalifornia Code of Regulations
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. ADJ3490988 (MON0328106)
Regular
Aug 11, 2009

ARTURO OLIVARES vs. FIRST CLASS CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The applicant sought reconsideration of a dismissal order for his workers' compensation claim. The WCJ dismissed the case for lack of prosecution under Rule 10582. The Appeals Board granted reconsideration, rescinded the dismissal, and returned the case to the trial level. This was because the dismissal was issued without the required ten-day notice of intention and opportunity to be heard, and the applicant's objection was not adequately addressed.

WCABReconsiderationDismissalLack of ProsecutionWCAB Rule 10582Notice of Intention to DismissOpportunity to be HeardObjectionMeritsRescinded
References
Case No. ADJ6834203
Regular
Dec 05, 2013

ROGELIO AVILA vs. EXPRESS SERVICES GROUP, LLC, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied reconsideration of an order dismissing Rogelio Avila's case for lack of prosecution. The WCJ issued an intent to dismiss after Avila and his counsel failed to respond to notices and a dismissal petition, despite the admitted industrial injury to his knee. The majority found no good cause to set aside the dismissal. However, one commissioner dissented, arguing for granting reconsideration to allow the case to proceed on its merits, emphasizing the policy favoring substantial justice and the minimal prejudice to the defendant.

Petition for ReconsiderationOrder of DismissalLack of ProsecutionNotice of Intent to DismissIndustrial InjuryPermanent DisabilityTreating PhysicianAppeals Board Rule 10582Pre-dismissal LetterGood Cause
References
Case No. ADJ17611095; ADJ17611096
Regular
Feb 21, 2025

ALEXANDRYA WOLFE vs. CLAIRES AND STONINGTON INSURANCE CO, GALLAGHER BASSETT

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's Order of Dismissal for inactivity in two cases (ADJ17611095, ADJ17611096). Applicant argued they were receiving medical care and were ready to proceed, having filed objections to both the defendant's petition to dismiss and the WCJ's notice of intention to dismiss. The Workers' Compensation Appeals Board reviewed the petition, answer, and WCJ's report. The Board determined that the WCJ erred by dismissing the cases without properly addressing applicant's objections or setting the matter for a hearing, thereby violating due process. Consequently, the Board granted the petition for reconsideration, rescinded the Orders of Dismissal, and returned the matter to the WCJ for further proceedings.

WCAB Rule 10550Petition for ReconsiderationOrder of DismissalNotice of Intention to DismissLack of ProsecutionMedical TreatmentReady Willing AblePetition to Dismiss Inactive CaseMandatory Settlement ConferenceHearing Representative
References
Case No. LAO 0846328
Regular
Jun 30, 2008

RINDA Q. GARCIA vs. ALBERTSONS, SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted reconsideration and rescinded an order dismissing the applicant's case for lack of prosecution. The dismissal was improper because the defendant failed to comply with procedural requirements, including serving notice on all lien claimants and providing proof of direct communication with the applicant. The case is returned to the trial judge for further proceedings.

Petition for ReconsiderationOrder of Dismissal for Lack of ProsecutionApplication for AdjudicationIndustrial InjuryBack InjuryRight Upper Extremity InjuryRight Lower Extremity InjuryPetition to DismissAbandonmentLoss of Contact
References
Case No. ADJ2769266
Regular
Jul 12, 2013

ROBERT HO vs. JMC MOTORS, SENTRY CLAIMS SERVICE

The Appeals Board rescinded the dismissal of Robert Ho's workers' compensation case, finding his response while incarcerated provided good cause not to dismiss. The dismissal order was based on lack of prosecution, but the Board determined the applicant's communication and subsequent Petition for Reconsideration raised valid issues. Although the applicant's attorney exhibited neglect in responding to dismissal notices, the Board returned the case to the trial level for further proceedings.

Workers Compensation Appeals BoardPetition for ReconsiderationOrder of DismissalLack of Prosecution30-day letterPetition to DismissMinutes of HearingNotice of Intention to DismissCumulative PeriodNervous System Injury
References
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