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PanelGranted

Mcilroy, Sarah

SARAH MCILROY, Applicant vs. CHARTWELL STAFFING SERVICES, INC.; OLD REPUBLIC INSURANCE COMPANY, administered by GALLAGHER BASSETT, Defendants

ADJ number: ADJ16767852
Decision date: Apr 21, 2024
District office: Pomona
WCJ: —
Claim administrator: Gallagher Bassett (administering for Old Republic Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: chest, arms, shoulder, multiple body parts

LC §123.7LC §139.5LC §5309LC §5310LC §5313LC §5701LC §5803LC §5901LC §5903LC §5906LC §5907LC §5908LC §5908.5LC §5950LC §5952CCR §10605CCR §10752CCR §10787CCR §10832

Summary

Applicant Sarah McIlroy sought reconsideration of an Order Dismissing Case for Failure to Appear that followed a Notice of Intention to Dismiss issued when she failed to appear at the November 16, 2023 trial, though her attorney was present. Applicant explained she could not initially participate because she was homeless, but having since found housing she was now ready, willing, and able to pursue her claim. The WCJ recommended granting the petition and rescinding the dismissal, or alternatively dismissing the petition and referring it back to the trial level. The Appeals Board granted reconsideration as a procedural step, finding it unclear from preliminary review whether the existing record supported the dismissal or whether further development was needed. The Board deferred its final decision after reconsideration pending further review of the merits and the entire record.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.