Home/Case Law/MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND

Filed: Jun 15, 2012
Long Beach
ADJ6778804

CompFox AI Summary

The applicant's petition for reconsideration was denied because her case was properly dismissed for failure to prosecute under Rule 10582. The applicant's counsel had not contacted her for over three years, and despite notices, the applicant failed to provide a verified objection with medical records or an explanation for her lack of contact. The Board found that the applicant and her counsel did not fulfill their duty to maintain a current address and keep the Appeals Board informed. The dismissal was without prejudice, allowing the applicant to potentially reopen the case if she can be located and demonstrates good cause within the statutory period.

Full Decision Text1 Pages

The applicant's petition for reconsideration was denied because her case was properly dismissed for failure to prosecute under Rule 10582. The applicant's counsel had not contacted her for over three years, and despite notices, the applicant failed to provide a verified objection with medical records or an explanation for her lack of contact. The Board found that the applicant and her counsel did not fulfill their duty to maintain a current address and keep the Appeals Board informed. The dismissal was without prejudice, allowing the applicant to potentially reopen the case if she can be located and demonstrates good cause within the statutory period.

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MARY AVILA vs. DEPARTMENT OF MOTOR VEHICLES, STATE COMPENSATION INSURANCE FUND (2012) – Long Beach | CompFox