WCPanelIQ
PanelGranted

Kaplowitz, Micle

MICLE KAPLOWITZ, Applicant vs. CAST & CREW ENTERTAINMENT SERVICES, INC.; ZURICH NORTH AMERICA, Defendants

ADJ number
ADJ7306346
Decision date
Dec 16, 2025
District office
Van Nuys
WCJ
—
Claim administrator
Zurich North America
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER

Injury / body parts: cervical spine, lumbar spine, gastrointestinal system, sleep disturbance

LC §5313LC §5903LC §5952LC §5410LC §5804LC §5803CCR §10562CCR §10755CCR §10563CCR §10515

Summary

Applicant, a laborer who sustained industrial injury on February 27, 2009, sought to vacate a March 23, 2016 Order of Dismissal that had been entered after he allegedly failed to appear at mandatory settlement conferences. The WCJ found no good cause to vacate the dismissal and held that absent estoppel the court had no continuing jurisdiction. On reconsideration, the WCAB found that there was no proof of service of the Notice of Intent to Dismiss in the record, and that the Order of Dismissal was further defective because it was based on a nonexistent Petition for Dismissal rather than the failure-to-appear basis stated in the NIT. The Board held the Order of Dismissal was void ab initio for lack of valid service and denial of due process, rescinded the F&O, and substituted a new F&O finding the dismissal void and ordering it vacated.

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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