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PanelQMERemanded

Roque Castro, Juliana

JULIANA ROQUE CASTRO, Applicant vs. ESPARZA ENTERPRISES, INC.; administered by PACIFIC CLAIMS MANAGEMENT FRESNO, Defendants

ADJ number: ADJ13756193
Decision date: Apr 4, 2024
District office: Bakersfield
WCJ: —
Claim administrator: Pacific Claims Management Fresno
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: right wrist, right hand, low back, right knee patella

LC §5900LC §5903LC §5911LC §5313LC §5502LC §5804CCR §10755CCR §10832CCR §10605CCR §10600CCR §10940CCR §10615CCR §10761

Summary

Applicant Juliana Roque Castro claimed cumulative injury while working as a field laborer (packer). After applicant failed to appear at a December 23, 2021 MSC, defendant petitioned to dismiss under WCAB Rule 10755, and the WCJ dismissed the case without prejudice on February 18, 2022, following an unopposed Notice of Intention. Applicant's attorney attempted to file a timely petition for reconsideration on March 15, 2022 but, due to alleged EAMS system failure, it was not filed until March 16, 2022, one day late. The Board granted reconsideration on its own motion under Labor Code section 5900(b) and found the WCJ improperly dismissed the case without a hearing, without creating a record, and without issuing an opinion on decision. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.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.

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.