Ana Aguilar vs. Metro Building Maintenance; State Compensation Insurance Fund

(MON 0359204) In this case, Ana Aguilar, a maintenance worker for U.S. Metro Group, filed an Application for Adjudication of Claim alleging she sustained a cumulative trauma injury to multiple parts of her body over the period ending March 5, 2008. The defendant, Metro Building Maintenance, then filed a petition for dismissal of applicant's claim under WCAB Rule 10852, alleging applicant's claim has been inactive for more than one year. The WCJ issued an Order of Dismissal on July 5, 2011. The applicant then sought reconsideration, contending that she was deprived of her right to due process of law when the WCJ signed an ex parte order without notice to applicant and without a hearing

Metro Building Maintenance; State Compensation Insurance Fund Ana Aguilar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANA AGUILAR, Applicant,vs.METRO BUILDING MAINTENANCE; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ4250427 (MON 0359204)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant, Ana Aguilar, seeks reconsideration of the Order Dismissing Case, issued July 14, 2011, in which a workers’ compensation administrative law judge (WCJ) granted defendant’s petition seeking dismissal for lack of prosecution pursuant to WCAB Rule 10582.            Applicant contests the order of dismissal, contending that she was deprived of her right to due process of law when the WCJ signed an ex parte order without notice to applicant and without a hearing, after applicant’s attorney filed a timely and meritorious objection to the WCJ’s notice of intention to grant defendant’s petition. No answer has been received from defendant.            Following our review of the record, and for the reasons set forth below, we shall grant reconsideration, rescind the Order Dismissing Case and return this matter to the trial level for further proceedings.I.            Applicant filed an Application for Adjudication of Claim on March 20, 2008, alleging she sustained a cumulative trauma injury to multiple parts of her body over the period ending March 5, 2008, while employed as a maintenance worker by U.S. Metro Group.            On June 2, 2011, defendant filed a petition for dismissal of applicant’s claim under WCAB Rule 10852, alleging applicant’s claim has been inactive for more than one year. Attached to defendant’s petition is a letter dated March 21, 2011. informing applicant that defendant would “move for dismissal under the provisions of Workers’ Compensation Appeals Board Rules of Practice and Procedure section 10582, thirty (30) ,  days from the date of this letter unless the applicant or his/her attorney shows,

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