What the panel ordered
Petition for Reconsideration granted, prior Order Responding to Request for Award rescinded, matter returned to WCJ for further proceedings
Petition for Reconsideration granted, prior Order Responding to Request for Award rescinded, matter returned to WCJ for further proceedings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 WCAB found that the prior dismissal order lacked proper notice under Labor Code Section 10850 and thus lacked jurisdiction to deny the request for award, warranting reconsideration and rescission of the prior order.
From the decision · page 5Thereafter, and while it is curious that no party viewed the Order of Dismissal, or even the Petition for Dismissal as needing a response, Defendant, State Compensation Insurance Fund is correct that the necessary Notice of Intention required by Labor Code Section 10850 (previously Section 10780),was not served. To be clear, in 2013, Labor Code Section 10780 required dismissal of Applications for Adjudication of Claim to only be dismissed following service of a Notice of Intention to Dismiss.