WCPanelIQ
PanelGranted

Gill, Jacob

JACOB GILL, Applicant vs. J B IMPORTERS, INC.; ZENITH INSURANCE COMPANY, Defendants

ADJ number
ADJ17889850
Decision date
Apr 13, 2025
District office
San Bernardino
WCJ
—
Claim administrator
Zenith Insurance Company
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

Injury / body parts: wrist, hand, nervous system

LC §5909LC §5900LC §5903CCR §10550CCR §10605CCR §10600CCR §10940CCR §10615CCR §10832

Summary

Applicant Jacob Gill sought reconsideration of a January 9, 2025 Order Dismissing his case for failure to prosecute. The WCJ issued a Notice of Intention to Dismiss (NIT) on December 17, 2024, giving applicant 15 days to show good cause, but because service included an out-of-state address, the response period was extended to 25 days. Applicant filed his Objection on January 9, 2025—within the 25-day window—yet the WCJ issued the dismissal Order the same day, before the response deadline had expired. The Board found this violated due process and rendered the Order void ab initio. The Board granted reconsideration, rescinded the Order, and returned the matter to the trial level, recommending a status conference.

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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