What the panel ordered
The Petition for Reconsideration is granted, the Order of Dismissal is rescinded, and the matter is returned to the trial level for further proceedings consistent with the decision.
Applicant filed a Petition for Reconsideration of the Order of Dismissal of Party Defendant Due to Lack of Coverage issued by the WCJ on May 29, 2024, which dismissed State Compensation Insurance Fund (SCIF) as a party defendant without a hearing or proper evidence admission.
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 dismissed SCIF without a hearing or admitting evidence, violating due process and Labor Code requirements for a proper record, so the dismissal was rescinded and the matter remanded for further proceedings.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
SCIF failed to serve the applicant directly with the Petition for Dismissal and Notice of Intent to Dismiss, only serving applicant's attorney.
Favours Applicant prevailed
This defective service meant the applicant did not receive proper notice, violating procedural rules and due process.
From the decision · page 3on applicant, whether or not applicant is represented. WCAB Rule 10628(a) (Cal. Code Regs., tit. 8, § 10628) provides that final orders may not be served by designated service. Where an order can be shown to have been defectively served, the time limit begins to run as of the date of receipt of the order. (Hartford Accident & Indemnity Co. v. Workers' Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1 [43 Cal.Comp.Cases 1193].) Here, SCIF filed its petition to dismiss on April 4, 2024, but failed to serve applicant. In the Petition for Reconsideration, applicant's attorney alleges that he did not receive the NOI. Consequently, there are significant issues with service herein.
The WCJ dismissed SCIF without holding a hearing or admitting evidence on the dismissal issue.
Favours Applicant prevailed
Without a hearing or evidence, the record was insufficient to support dismissal, violating Labor Code and due process requirements.
From the decision · page 3More significantly, the WCJ dismissed SCIF from the case without holding a hearing or appropriately admitting evidence into the record. Therefore, we do not have a sufficient record to evaluate the Order of Dismissal.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10628
Cal. Code Regs., tit. 8, 10628(a) prohibits final orders by designated service and requires proper service to start time limits.
The defective service of the dismissal petition and notice on applicant violated this regulation.
From the decision · page 3on applicant, whether or not applicant is represented. WCAB Rule 10628(a) (Cal. Code Regs., tit. 8, § 10628) provides that final orders may not be served by designated service. Where an order can be shown to have been defectively served, the time limit begins to run as of the date of receipt of the order. (Hartford Accident & Indemnity Co. v. Workers' Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1 [43 Cal.Comp.Cases 1193].) Here, SCIF filed its petition to dismiss on April 4, 2024, but failed to serve applicant. In the Petition for Reconsideration, applicant's attorney alleges that he did not receive the NOI. Consequently, there are significant issues with service herein.
Labor Code section 5313
Labor Code section 5313 requires a decision to comply with evidentiary and procedural rules.
The WCJ's dismissal without a hearing or admitted evidence violated this requirement.
From the decision · page 3The statutory and regulatory duties of a WCJ include the issuance of a decision that complies with Labor Code section 5313. "The Labor Code and the Board's rules set forth what must be included in a proper trial record. It is the responsibility of the parties and the WCJ to ensure that the record of the proceedings contains at a minimum, the issues submitted for decision, the admissions and stipulations of the parties, and the admitted evidence." (Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 475 (Appeals Bd. en banc) (Hamilton).) The WCJ's opinion on decision "enables the parties, and the Board if reconsideration is sought, to ascertain the basis for the decision, and makes the right of seeking reconsideration more meaningful." (Id. at p. 476, citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350].) "For the opinion on decision to be meaningful, the WCJ must refer with specificity to an adequate and completely developed record." (Hamilton, supra, 66 Cal.Comp.Cases at p. 476.)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151
Due process requires notice and a meaningful opportunity to present evidence, including a hearing with the ability to call and cross-examine witnesses.
The dismissal without a hearing violated due process rights of applicant.
From the decision · page 4All 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].) "Due process requires notice and a meaningful opportunity to present evidence in regards to the issues." (Rea v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 625, 643 [70 Cal.Comp.Cases 312]; see also Fortich v. Workers' Comp. Appeals Bd. (1991) 233 Cal.App.3d 1449, 1452-1454 [56 Cal.Comp.Cases 537].) A fair hearing includes, but is not limited to, the opportunity to call and cross-examine witnesses; introduce and inspect exhibits; and to offer evidence in rebuttal. (See Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284, 1295 [66 Cal.Comp.Cases 584]; Rucker, supra, at pp. 157-158 citing Kaiser Co. v. Industrial Acci. Com. (Baskin) (1952) 109 Cal.App.2d 54, 58 [17 Cal.Comp.Cases 21]; Katzin v. Workers' Comp. Appeals Bd. (1992) 5 Cal.App.4th 703, 710 [57 Cal.Comp.Cases 230].)
What proof carried it
The evidence the panel weighed, by kind.
Defective service of the Petition for Dismissal and Notice of Intent to Dismiss on applicant, who was not served directly, only applicant's attorney was served.
From the decision · page 3on applicant, whether or not applicant is represented. WCAB Rule 10628(a) (Cal. Code Regs., tit. 8, § 10628) provides that final orders may not be served by designated service. Where an order can be shown to have been defectively served, the time limit begins to run as of the date of receipt of the order. (Hartford Accident & Indemnity Co. v. Workers' Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1 [43 Cal.Comp.Cases 1193].) Here, SCIF filed its petition to dismiss on April 4, 2024, but failed to serve applicant. In the Petition for Reconsideration, applicant's attorney alleges that he did not receive the NOI. Consequently, there are significant issues with service herein.
No hearing held and no evidence admitted on the issue of dismissal of SCIF, resulting in an insufficient record to evaluate the dismissal.
From the decision · page 3More significantly, the WCJ dismissed SCIF from the case without holding a hearing or appropriately admitting evidence into the record. Therefore, we do not have a sufficient record to evaluate the Order of Dismissal.
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