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PanelGranted

Moreno, Margarito

MARGARITO MORENO, Applicant vs. ADOHR FARMS; NATIONAL FIRE INSURANCE CO. OF HARTFORD THIRD PARTY as administered by CNA, Defendants

ADJ number: ADJ1120351
Decision date: Nov 26, 2023
District office: Los Angeles
WCJ: —
Claim administrator: CNA (administering for National Fire Insurance Co. of Hartford)
Commissioners: KATHERINE A. ZALWESKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: multiple body parts

LC §5900LC §5903LC §5502LC §5313LC §5803CCR §10605CCR §10600CCR §10615CCR §10550CCR §10629CCR §10761

Summary

Applicant Margarito Moreno, in pro per, sought reconsideration of an August 9, 2023 Order of Dismissal that dismissed multiple consolidated claims for failure to prosecute after defendant filed a Petition for Dismissal for Inactivity. The WCJ issued an Order of Dismissal without holding a hearing, taking testimony, or creating an evidentiary record summarizing the evidence relied upon. Applicant timely objected, asserting health issues prevented him from monitoring his case status. The Board treated applicant's Objection as a timely Petition for Reconsideration and found the WCJ failed to comply with Labor Code section 5313 and Hamilton's requirement of an adequate record. The Board granted reconsideration, rescinded the dismissal Order, and returned the matter to the trial level for a hearing and a new decision.

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.