Home/Case Law/GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES
Regular DecisionReconsideration

GUADALUPE SEDANO vs. GEO PACIFIC SERVICES, INC., REDWOOD FIRE AND CASUALTY INS. CO., ADMINISTERED BY BERKSHIRE HATHAWAY HOMESTATE COMPANIES

Filed: Aug 23, 2018
San Diego
ADJ10717926

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and rescinded the dismissal order because the record lacked proof of service for key notices. Applicant's case was dismissed for failing to object to a Notice of Intention to Dismiss, but the Board found the applicant may not have received proper notice of crucial hearings or the dismissal notice itself. Due process requires reasonable notice and an opportunity to be heard, which the incomplete record here calls into question. Therefore, the case is returned to the trial level for further proceedings to develop the record on service issues.

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