WCPanelIQ
PanelGranted

Cedric Lopez Juarez — ADJ12264390

CEDRIC LOPEZ JUAREZ, Applicant vs. HERIBERTO CORTES; SEDGWICK CMS on behalf of FALLS LAKE FIRE & CASUALTY CO., Defendants

ADJ number
ADJ12264390
Decision date
Apr 8, 2021
District office
Van Nuys
WCJ
David L. Seymour
Claim administrator
Sedgwick CMS on behalf of Falls Lake Fire & Casualty Co.
Commissioners
—
LC §5903

Summary

Applicant Cedric Lopez Juarez sought reconsideration of a December 16, 2020 Order to Dismiss his claim, which was entered after a defense-initiated Notice of Intent to Dismiss to which applicant failed to timely object. Although the WCJ's secretary failed to serve the dismissal order on applicant and his counsel, defense counsel served it on January 20, 2021, and applicant's Petition for Reconsideration was deemed timely filed on February 16, 2021. The WCAB granted reconsideration and adopted the WCJ's report (with one exception), rescinding the dismissal and returning the matter to the trial level for further proceedings on whether dismissal is warranted. The Board declined to adopt the paragraph of the WCJ's report addressing the applicant's attorney's incorrect zip code with the State Bar. The decision is not final on the merits and any aggrieved party may timely seek reconsideration of the WCJ's new decision.

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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