Ricardo Moreno — ADJ11207885

Applicant Ricardo Moreno filed a Petition for Removal challenging the WCJ's July 12, 2021 Order dismissing his serious and willful (S&W) misconduct petition under Labor Code section 4553 and quashing depositions. The WCJ had dismissed the S&W petition 'without prejudice' based in part on applicant's own November 12, 2019 request for dismissal, which had remained dormant for approximately one year and eight months. The Board treated the petition as one for reconsideration (rather than removal) because the dismissal was a final order that definitively extinguished applicant's substantive right to S&W benefits, given the section 5407 twelve-month limitations period had expired. The Board found procedural due process defects, including the absence of a required notice of intention and the failure to reconcile the conflict between applicant's request for dismissal and his request to reserve jurisdiction. The Board granted reconsideration, rescinded the WCJ's order, and returned the matter to the trial level for a status conference.