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PanelDismissed

Senator, Bruce

BRUCE SENATOR, Applicant vs. HA-PENNY INN; HPI MANAGEMENT; ZENITH INSURANCE COMPANY, Defendants

ADJ number: ADJ2606119
Decision date: May 3, 2017
District office: Anaheim District Office
WCJ: —
Claim administrator: Zenith Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER

LC §5909LC §5900LC §5903CCR §10780CCR §10850CCR §10605CCR §10600CCR §10940CCR §10615CCR §10562CCR §10582

Summary

Applicant Bruce Senator voluntarily petitioned to dismiss his pending cases with prejudice in 2017, and the WCJ issued a Dismissal Order on May 4, 2017 pursuant to former WCAB Rule 10780. In 2025, applicant filed a Declaration of Readiness to Proceed, which was rejected because his cases had been dismissed with prejudice, and he then sought reconsideration of both the 2017 Dismissal Order and the 2025 Order Rejecting DOR. Applicant claimed defective service of the 2017 order, conceding he received a copy from defendant on April 17, 2024. The Appeals Board accepted April 17, 2024 as the effective service date but found the Petition for Reconsideration, filed May 7, 2025, was filed over a year later and far beyond the 25-day jurisdictional deadline. The Board dismissed the petition as untimely and held it lacked jurisdiction to disturb the Order Rejecting the DOR because the cases had been dismissed.

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.