What the panel ordered
The Board granted the Petition for Reconsideration, rescinded the August 9, 2023 Order of Dismissal, and returned the matter to the WCJ for further proceedings consistent with the Board's decision.
Applicant filed a Petition for Reconsideration of the Order of Dismissal issued by the WCJ on August 9, 2023, which dismissed the cases for inactivity. The WCJ had issued the dismissal without a hearing or evidentiary record. The Board treated the Objection as a timely Petition for Reconsideration and granted reconsideration, rescinding the dismissal order and returning the matter to the WCJ for further proceedings.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board found the dismissal order was issued without a hearing or evidentiary record, violating due process and requiring rescission and further proceedings.
From the decision · page 2On August 3, 2023, without holding a hearing, the WCJ issued an Order of Dismissal of applicant's cases. The Order states as follows:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the dismissal order without holding a hearing or taking testimony or evidence.
Favours Applicant prevailed
This violated due process and statutory requirements for a decision, requiring rescission and further proceedings.
From the decision · page 5Here, the Order dismissing applicant's cases issued without a hearing, no minutes were filed, and no testimony was taken. In addition, the WCJ did not provide a summary of the evidence relied on in making the decision to dismiss applicant's cases. In the absence of an evidentiary record, we are unable to evaluate the basis of the WCJ's Order. Therefore, we must return this matter to the trial level for further proceedings.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1)
A petition for reconsideration must be timely filed within the prescribed time limits, which are jurisdictional.
The Board treated the applicant's Objection as a timely Petition for Reconsideration because it was filed within 30 days from service of the dismissal order.
From the decision · page 3Preliminarily, with respect to the timeliness of the petition having been filed more than 25 days after service of the Order Dismissing Case, we observe that there are 20 days allowed within which to file a petition for reconsideration from a "final" decision plus 5 calendar days if a party has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) In addition, if a party to be served is outside of California but within the United States, the time in which to act is 10 calendar days from the date of service, or 30 days total. (Cal. Code Regs., tit. 8, § 10605(a)(2).)
Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473
A WCJ must issue a decision with findings, a summary of evidence, and reasons for the determination, based on admitted evidence in the record.
The Board found the WCJ's dismissal order lacked findings, summary of evidence, and evidentiary record, violating these requirements.
From the decision · page 4The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313. A WCJ is required to "make and file findings upon all facts involved in the controversy and an award, order, or decision stating the determination as to the rights of the parties. Together with the findings, decision, order or award there shall be served upon all the parties. The endorsement to the proceedings a summary of the evidence received and relied upon and the reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151; Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284
Due process requires notice and opportunity to be heard before a decision affecting rights is made.
The Board held that the dismissal without hearing violated due process rights of the applicant.
From the decision · page 4Moreover, all parties to a workers' compensation proceeding retain the fundamental right to due process and a fair hearing under both the California and United States Constitutions. (Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].) A fair hearing is"... one of `the rudiments of fair play' assured to every litigant..." (Id., at p.
What proof carried it
The evidence the panel weighed, by kind.
No hearing was held, no testimony or evidence was taken, and no summary of evidence was provided in the dismissal order.
From the decision · page 5Here, the Order dismissing applicant's cases issued without a hearing, no minutes were filed, and no testimony was taken. In addition, the WCJ did not provide a summary of the evidence relied on in making the decision to dismiss applicant's cases. In the absence of an evidentiary record, we are unable to evaluate the basis of the WCJ's Order. Therefore, we must return this matter to the trial level for further proceedings.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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