What the panel ordered
Petition for Reconsideration granted; WCJ's Minute Order dismissing Petition for Sanctions and Costs rescinded; matter returned to trial level for further proceedings; WCJ Szelenyi recused and case reassigned.
Petition for Reconsideration of the WCJ's Minute Order dismissing cost petitioner's Petition for Sanctions and Costs after failure to appear at trial.
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 WCJ failed to issue a required Notice of Intent (NIT) to dismiss the petition and to sanction the representative, violating due process. The WCAB granted reconsideration, rescinded the dismissal, and returned the matter for further proceedings with reassignment of the WCJ.
From the decision · page 4As relevant in this case, the principles of due process require the issuance of a notice of intent (NIT) to dismiss a petition as a condition precedent to dismissal, thereby affording the interested party or parties an opportunity to be heard. (Fortich v. Workers' Comp. Appeals Bd. (Fortich) (1991) 233 Cal.App.3d 1449, 1452-1453 [56 Cal.Comp.Cases 537].) The Appeals Board has adopted various rules governing notices of intent that should be followed by WCJs. First, WCAB Rule 10755 provides: