Home/Case Law/RAMON CURIEL vs. EFREN REYES POOL AND PLASTERING, INC., LINCOLN GENERAL INSURANCE COMPANY
Regular DecisionReconsideration

RAMON CURIEL vs. EFREN REYES POOL AND PLASTERING, INC., LINCOLN GENERAL INSURANCE COMPANY

Filed: Sep 27, 2010
San Francisco
ADJ6679351

CompFox AI Summary

The Workers' Compensation Appeals Board granted reconsideration and reversed a dismissal order. The applicant's case was dismissed for failure to appear at three hearings, which the applicant contended was due to unfortunate events affecting his attorney. While acknowledging that the applicant's counsel was at fault, the Board emphasized the constitutional mandate to accomplish substantial justice. The case was returned to the trial level WCJ to be heard on its merits, preserving the applicant's right to pursue his claim despite procedural failures.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board granted reconsideration and reversed a dismissal order. The applicant's case was dismissed for failure to appear at three hearings, which the applicant contended was due to unfortunate events affecting his attorney. While acknowledging that the applicant's counsel was at fault, the Board emphasized the constitutional mandate to accomplish substantial justice. The case was returned to the trial level WCJ to be heard on its merits, preserving the applicant's right to pursue his claim despite procedural failures.

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