WCPanelIQ
PanelGranted

Saptesate, Grigore

GRIGORE SAPTESATE, Applicant vs. ROMANA INC.; CALIFORNIA INSURANCE COMPANY, administered by APPLIED RISK SERVICES, INC., Defendants

ADJ number
ADJ11982169
Decision date
Date unavailable
District office
Sacramento
WCJ
—
Claim administrator
Applied Risk Services, Inc. (administering California Insurance Company)
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, LISA A. SUSSMAN, DEPUTY COMMISSIONER
LC §5709LC §5313CCR §10629CCR §10402CCR §10832CCR §10605CCR §10955CCR §10787CCR §10517

Summary

Applicant Grigore Saptesate, in pro per, sought removal from an Order issued by the WCJ on February 22, 2024 that relieved the Ratto Law Firm as his attorney of record. Ratto Law had petitioned to withdraw, citing a breakdown in communication, and a Notice of Intent to Dismiss was served by mail on February 16, 2024 giving 10 days to object. Although applicant filed no written objection, he verbally objected to the withdrawal at the February 15, 2024 MSC, yet the WCJ issued the dismissal Order on February 22, 2024 — prematurely and without a hearing. The Board found the Order was issued in violation of WCAB Rule 10605(a) before the extended objection period had expired, rendering it void ab initio, and also raised due process concerns due to the absence of a record. The Board granted removal, rescinded the February 22, 2024 Order, and returned the matter to the WCJ to create a proper record consistent with Labor Code section 5313 and Hamilton.

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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