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PanelGranted

Jose Espinoza — ADJ20424458

JOSE ESPINOZA, Applicant vs. MONTEREY MUSHROOMS, INC.; permissibly self-insured, administered by ACCLAMATION CLAIMS SERVICES, Defendants

ADJ number: ADJ20424458
Decision date: Jun 14, 2026
District office: Salinas
WCJ: —
Claim administrator: Acclamation Claims Services (administering for permissibly self-insured Monterey Mushrooms, Inc.)
Commissioners: CRAIG L. SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

Injury / body parts: multiple body parts (cumulative injury)

LC §4906LC §5506LC §5900LC §5909LC §3201CCR §10550CCR §10400CCR §10402CCR §10600CCR §10625

Summary

Applicant Jose Espinoza sought reconsideration of an Order Dismissing his cumulative-injury case for lack of prosecution, which the WCJ issued after no timely objection to a Notice of Intention to Dismiss. The dispute centered on whether applicant's new attorney received proper notice of the dismissal proceedings, given that the DWC had improperly rejected the Substitution of Attorneys filed on May 15, 2025. The Board found the DWC rejection lacked any legal basis and that defendant failed to serve applicant's current attorney with the NOI, Petition to Dismiss, and Order, violating WCAB Rule 10550(b) and due process. The Board granted reconsideration, rescinded the Order Dismissing Case, and returned the matter to the trial level for further proceedings including a status conference to confirm a discovery plan.

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.