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PanelGranted

Parker, Michael

MICHAEL PARKER, Applicant vs. CMS SECURITY, INC.; PRIVE BAR LOUNGE, INC.; EMPLOYERS PREFERRED INSURANCE COMPANY, ADMINISTERED BY EIG SERVICES, INC., Defendants

ADJ number: ADJ9788027
Decision date: Date unavailable
District office: San Francisco
WCJ: —
Claim administrator: EIG Services, Inc. (administering Employers Preferred Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

LC §5950LC §5904LC §5903LC §5952LC §5313LC §5907LC §5908LC §5908.5LC §5803LC §5901CCR §10787

Summary

Applicant Michael Parker filed an Application for Adjudication in January 2015 for a specific injury allegedly occurring December 10, 2014. After defendant filed a Petition to Dismiss for Lack of Prosecution, the WCJ issued a Notice of Intention to Dismiss and then an Order Dismissing the Case on August 2, 2021. Applicant filed a timely objection and Petition for Removal on August 4, 2021, along with a DOR, but no action was taken on that petition; instead the matter was taken off calendar twice on the basis that the case had been dismissed and there was no jurisdiction. Applicant sought removal of the March 19, 2024 Order Taking Off Calendar. The Board treated the petition as one for reconsideration because the underlying dismissal was a final order resolving the threshold issue of jurisdiction, and granted reconsideration while deferring a final decision on the merits pending further review of the entire record, including the previously unresolved 2021 petition for removal.

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.