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PanelGranted

Terrazas, Luis

LUIS TERRAZAS, Applicant vs. S AND S FOODS, LLC; administered by SEDWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ14315608
Decision date: Mar 26, 2023
District office: Anaheim
WCJ: —
Claim administrator: Sedgwick Claims Management Services
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: multiple body parts

LC §5903CCR §10305CCR §10628CCR §10629CCR §10752CCR §10756CCR §10832

Summary

Applicant Luis Terrazas sought reconsideration of a June 6, 2022 WCJ order dismissing his case without prejudice after he failed to appear at trial. Although applicant's non-attorney representative appeared on his behalf at the April 5, 2022 trial, applicant himself did not appear there or at the rescheduled May 26, 2022 trial, prompting an NOI to dismiss under 8 CCR 10756(b). The Board found that the NOI was procedurally defective because most of its listed bases for dismissal were improper or unsupported, and the one potentially valid basis (failure to appear at the rescheduled trial) was so brief and obscured among improper grounds that it failed to provide adequate notice. Citing due process principles, the Board held the invalid NOI rendered the corresponding dismissal order invalid. The Board granted reconsideration, rescinded the dismissal order, and returned the matter to the trial level.

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.