PanelGranted
Martinez Marquez, Emma
EMMA MARTINEZ MARQUEZ, Applicant vs. ORANGEWOOD LLC, dba HOTEL DOUBLETREE GUEST SUITES; SECURITY NATIONAL INSURANCE COMPANY, administered by AMTRUST NORTH AMERICA, Defendants
- ADJ number
- ADJ10947203
- Decision date
- Dec 26, 2024
- District office
- Los Angeles
- WCJ
- —
- Claim administrator
- AmTrust North America (administering Security National Insurance Company)
- Commissioners
- KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
Injury / body parts: knee, multiple body parts
LC §5700LC §5900LC §5903LC §3210CCR §10305CCR §10752CCR §10755CCR §10832CCR §10850CCR §10390CCR §10605CCR §10600CCR §10940CCR §10615CCR §10205.5CCR §10628CCR §10640CCR §10642
Summary
Applicant, a hotel housekeeper, had two claims: ADJ10947203 (resolved by C&R in 2019) and ADJ11271775 (knee injury, filed 2018). After applicant's attorney repeatedly appeared but reported being unable to locate applicant, the WCJ issued a notice of intention to dismiss (NIT) per CCR 10755 for failure to appear and ultimately dismissed both cases. The WCAB granted reconsideration and found the dismissal invalid because applicant 'appeared' through her attorney at every hearing, Rule 10755 was inapplicable, the orders to appear and NIT failed due process requirements (no full legal name, written on minutes, wrong legal basis, and likely never received since applicant was in Mexico but served in California), and the order rested on no admitted evidence. The Board rescinded the January 25, 2022 Order and substituted a new order vacating the December 13, 2021 dismissal order in its entirety.
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
Member is $25/month or $250/year and includes full case search.