JUAN GARCIA vs. WILLIAM BOWER ASSOCIATES INC.; STATE COMPENSATION INSURANCE FUND

In this case, Juan Garcia, an applicant, claimed that he sustained industrial injury to his back, neck, upper extremities, and nervous system while employed as a security guard on November 27, 2002. The Workers' Compensation Appeals Board granted the Petition for Reconsideration filed by the applicant and issued a Notice of Intention to affirm the WCJ's April 9, 2012 Order Dismissing Case. After the allotted time for the applicant's attorney to file a response had lapsed, the WCJ's April 9, 2012 Order Dismissing Case was affirmed.

WILLIAM BOWER ASSOCIATES INC.; STATE COMPENSATION INSURANCE FUND JUAN GARCIA WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAJUAN GARCIA, Applicant,vs.WILLIAM BOWER ASSOCIATES INC.; STATE COMPENSATIONINSURANCE FUND, Defendant(s).Case No: ADJ299234 (RIV 0051292)OPINION AND DECISION AFTER RECONSIDERATION            We previously granted the Petition for Reconsideration filed by applicant, to issue a Notice of Intention to affirm the WCJ’s April 9, 2012 Order Dismissing Case. This is our Opinion and Decision After Reconsideration.            Applicant sought reconsideration of the Order Dismissing Case issued by the wotkers’ compensation administrative law judge (WCJ) on April 9, 2012, wherein the WCJ dismissed applicant’s case without prejudice for applicant’s failure to prosecute the claim. Previously, on March 16, 2012, the WCJ issued a Notice of Intention to Dismiss for Lack of Prosecution (NIT). In the underlying case, applicant claimed that while employed as a security guard on November 27, 2002, he sustained industrial injury to his back, neck upper extremities (arms), and nervous system.            Applicant contended that he was denied due process when the WCJ dismissed his case, arguing that his attorneys did not receive defendant’s Petitions for Dismissal or the WCJ’s NIT.            On July 2, 2012, we granted reconsideration, and issued a Notice of Intention to affirm the WCJ’s April 9, 2012 Order Dismissing Case. As we explained in our Notice of Intention, more than five years had passed since applicant’s date of injury, and in an abundance of caution, we afforded applicant’s attorney the opportunity to show good cause by verified response why the WCJ’s April 9, 2012 Order Dismissing Case should not be affirmed. Our Notice of Intention stated that absent a demonstration of , good cause to the contrary served and filed within thirty days after service of our order granting reconsideration, we would affirm the WCJ’s April 9, 2012 decision. The time

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