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PanelGranted

Ibanez, Julio

JULIO IBANEZ, Applicant vs. EDNA COMPANY INC.; administered by COMPWEST NEWPORT BEACH, Defendants

ADJ number: ADJ13427485
Decision date: May 13, 2024
District office: Oxnard
WCJ: —
Claim administrator: CompWest Insurance Company (administered through CompWest Newport Beach)
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: foot, various body parts

LC §5900LC §5903LC §5911LC §5700CCR §10756CCR §10832CCR §10605CCR §10600CCR §10940CCR §10615CCR §10752CCR §10305

Summary

Applicant Julio Ibanez claimed injury to various body parts after a pallet fell on his foot on July 17, 2020. After his case was set for its 10th trial setting on July 14, 2022, the WCJ issued a Joint Notice of Intention to Dismiss based on applicant's failure to appear, and subsequently dismissed both cases without prejudice on October 6, 2022. Although applicant's Petition for Reconsideration was untimely, the Board granted reconsideration on its own motion under Labor Code section 5900(b). The Board found that applicant's attorney's hearing representative, Richard Castro, had appeared on applicant's behalf at the July 14, 2022 trial, satisfying the appearance requirement under WCAB Rule 10305(c). Because the basis for the NIT (failure to appear) was invalid, the NIT and the resulting dismissal order were void. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.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.