Phillip Spezio — ADJ8453702

Lien claimant Reach Air Medical Services filed an Application for Adjudication of Claim on behalf of injured worker Phillip Spezio to collect a transportation bill, which was later paid, after which Reach Air petitioned to dismiss the Application and Judge Jones signed an Order Dismissing the Case in January 2013. In 2022, the parties submitted Stipulations with Request for Award to settle the claim, but the WCJ issued an Order denying the request for lack of jurisdiction due to the prior dismissal. SCIF petitioned for reconsideration, and the WCJ recommended setting aside the dismissal because the required Notice of Intention to Dismiss (then Labor Code section 10780) had never been served. The Board granted reconsideration, rescinded the WCJ's July 21, 2022 order, and returned the matter to the trial level, noting that under WCAB Rule 10617 the WCJ may treat the Stipulations as a pleading re-initiating the claim and that medical benefits had continued to be paid.