WCPanelIQ
PanelGranted

Juan Ayala — ADJ15597591

JUAN AYALA, Applicant vs. LCF SHEA APARTMENTS LLC; LIBERTY MUTUAL, Defendants

ADJ number
ADJ15597591
Decision date
Sep 11, 2022
District office
Pomona
WCJ
—
Claim administrator
Liberty Mutual
Commissioners
JOSÉ H. RAZO, COMMISSIONER, PATRICIA A. GARCIA, DEPUTY COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: back, hips

LC §5700CCR §10832CCR §10752CCR §10305

Summary

Applicant Juan Ayala, a security guard, claimed an industrial injury to his back and hips after slipping and falling on December 11, 2021. After he failed to personally appear at the May 25, 2022 virtual trial—though he was represented by hearing representative Juan Leal—the WCJ issued a Notice of Intention to Dismiss and subsequently dismissed the case on June 22, 2022. Applicant sought reconsideration, arguing his prior attorney had not kept him informed. The WCAB granted reconsideration, holding that the appearance of applicant's representative satisfied the appearance requirement, so the NIT was not issued for a proper purpose and was invalid. The Board rescinded the dismissal order and returned the matter to the trial level for further proceedings.

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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