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PanelQMEDenied

Zavala, Lorena

LORENA ZAVALA, Applicant vs. RED ROBIN BURGER & SPIRITS EMPORIUMS; SAFETY NATIONAL CASUALTY adjusted by BROADSPIRE, Defendants

ADJ number: ADJ12475830
Decision date: Sep 10, 2023
District office: Stockton
WCJ: Maribeth Arendt
Claim administrator: Broadspire (TPA) for Safety National Casualty
Commissioners: —

Injury / body parts: low back

LC §5803LC §5804LC §5410LC §5814CCR §10550CCR §10562CCR §10563CCR §10563.1CCR §10755CCR §10756CCR §10888CCR §10860

Summary

Applicant Lorena Zavala sustained an admitted specific injury to her low back on May 29, 2019 while working as a cook for Red Robin. Her claim was dismissed without prejudice on November 23, 2020 after she missed three medical appointments and her prior attorney (Law At Your Side) failed to respond to the Notice of Intent to Dismiss. The WCJ found applicant credible, determined good cause existed to reinstate the claim given the COVID-19 pandemic disruptions and attorney neglect, and also found the original dismissal void because the NIT and dismissal orders contained prohibited 'self-destruct' clauses. The WCAB granted reconsideration, then affirmed the F&O, adopting and incorporating the WCJ's Report and Opinion on Decision. The Board emphasized the strong policy favoring resolution on the merits and that an applicant should not be penalized for her attorney's failures.

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.