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PanelLienGranted

Wolfe, Alexandrya

ALEXANDRYA WOLFE, Applicant vs. CLAIRES AND STONINGTON INSURANCE CO c/o GALLAGHER BASSETT, Defendants

ADJ number: ADJ17611095
Decision date: Feb 20, 2025
District office: Van Nuys
WCJ: —
Claim administrator: Gallagher Bassett
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: nervous system, psyche, back, foot, ankle

LC §5909LC §5900LC §5804LC §5803LC §5313LC §5815CCR §10550CCR §10832CCR §10517CCR §10629CCR §10628

Summary

Applicant Alexandrya Wolfe sought reconsideration of a WCJ's November 26, 2024 Order dismissing two cases for lack of prosecution under WCAB Rule 10550. Applicant had filed two written objections—one to defendant's petition to dismiss (August 15, 2024) and one to the WCJ's notice of intention to dismiss (November 12, 2024)—both stating she was receiving medical treatment and was ready, willing, and able to proceed. The WCJ nonetheless dismissed the cases despite the timely objections, and the record was scant, with unclear minutes from a September 25, 2024 hearing and no admitted evidence. The Appeals Board granted reconsideration, holding that the WCJ failed to follow the procedural requirements of Rules 10550 and 10832 and violated applicant's due process rights. The Board rescinded both Orders of Dismissal and returned the matter to the WCJ for further proceedings.

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.