Murillo, Servando

Applicant Servando Murillo claimed a work-related hearing loss injury to his right ear sustained while working as a painter on February 19, 2015; the claim was accepted. After the case sat inactive, the WCJ issued an Order of Dismissal without prejudice on April 19, 2021. On September 30, 2021, applicant filed a poorly captioned 'Petition to Re-Open and Re-Activate' his claim. The WCJ later found, on March 26, 2024, that the WCAB lacked jurisdiction over the petition based on the prior dismissal. The Appeals Board granted reconsideration, holding the WCJ should have construed the September 30, 2021 petition as a timely petition to set aside the dismissal (filed less than six months later) under principles of liberal pleading and CCP 473(b), rescinded the Findings and Order, and remanded for a hearing on the merits.