ANA ZAVALETA vs. LEVLAD LLC; CRUM & FORSTER

is a case in which Ana Zavaleta, an applicant, sought reconsideration of the August 24, 2012 Order Dismissing Case, wherein the workers' compensation administrative law judge (WCJ) dismissed her case without prejudice for lack of prosecution. Zavaleta alleged that, while employed as a production worker from November 15, 2005 through November 19, 2008, she sustained cumulative industrial injury to her right hand, right fingers, right arm, and right shoulder. The WCJ denied the Petition for Reconsideration, finding that no good cause had been shown why the case should not be dismissed. Commissioner Brass dissented, arguing that the case should proceed and that Zavaleta should have the opportunity to attempt to resolve her claim on the merits

LEVLAD LLC; CRUM & FORSTER ANA ZAVALETA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANA ZAVALETA, Applicant,vs.LEVLAD LLC; CRUM & FORSTER, Defendants.Case No. ADJ6738825(Van Nuys District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION            Applicant seeks reconsideration of the August 24, 2012 Order Dismissing Case, wherein the workers’ compensation administrative law judge (WCJ) dismissed applicant’s case without prejudice for lack of prosecution. On July 2, 2012, the WCJ issued a Notice of Intention to Dismiss Case, and in the August 24, 2012 Order Dismissing Case, the WCJ found that no good cause had been shown why the case should not be dismissed. Applicant alleged that, while employed as a production worker from November 15, 2005 through November 19, 2008, she sustained cumulative industrial injury to her right hand, right fingers, right arm, and right shoulder.            Applicant contends that the WCJ erred in dismissing her case.            We have considered the Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an Answer. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition for Reconsideration be denied.            For the reasons expressed by the WCJ in his Report, which we adopt and incorporate, and for the reasons discussed below, we will deny applicant’s Petition for Reconsideration.            Applicant filed her Application for Adjudication on December 30, 2008. No declarations of readiness were filed, and no hearings were held regarding applicant’s claim. Thereafter, on March 21, 2012, defendant filed a Petition for Dismissal Due to Lack of Prosecution by Applicant. The WCJ served the Notice of Intention to Dismiss Case on July 2, 2012, and, having received no timely objection, served , the Order of Dismissal of Case on August 24, 2012.            On September 10, 2012, applicant filed a timely, verified

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