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PanelDismissed

Gonsalves, Lorraine

LORRAINE GONSALVES, Applicant vs. FRONTIER MANAGEMENT, LLC; CHURCH MUTUAL INSURANCE COMPANY administered by CHURCH MUTUAL MERRILL, Defendants

ADJ number: ADJ11896735
Decision date: Feb 17, 2025
District office: Sacramento
WCJ: —
Claim administrator: Church Mutual Merrill (administering for Church Mutual Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: chest, shoulder, back, right shoulder

LC §5909LC §5900LC §5804LC §5803LC §5313CCR §10550CCR §10600CCR §10803CCR §10629CCR §10628CCR §10517CCR §10750CCR §10758CCR §10759CCR §10832

Summary

Applicant Lorraine Gonsalves, in pro per, sought reconsideration of a December 2, 2020 Order of Dismissal issued by the PWCJ under WCAB Rule 10550 after she repeatedly failed to appear at hearings following the dismissal of her attorney. The Appeals Board found the petition premature and identified due process concerns, including uncertainty over whether applicant actually received the Notice of Intention to Dismiss and the Order of Dismissal, and noted the Order was improperly served by defendant's attorney in violation of WCAB Rule 10628. The Board dismissed the petition as premature and returned the matter to the trial level to be treated as a petition to set aside the Order of dismissal, recommending a hearing to develop the record. The Board emphasized the strong public policy favoring disposition of cases on their merits rather than procedural grounds.

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.