Narkeithia Tate vs. Contra Costa County; Employment And Human Services

In this case, Narkeithia Tate, the applicant, sought reconsideration of the Notice of Intention to Order Dismissal of Case issued by the workers' compensation administrative law judge (WCJ). Tate argued that the WCJ erred by issuing the Notice of Intention to Order Dismissal of Case, with its self-executing order of dismissal, as she had contacted the WCAB district office on the morning of her hearing date of July 6, 2011 and advised that her 18 year old nephew was shot the late evening of July 5, 2011 and was scheduled for surgery at 8 am at the John Muir Medical Center in Walnut Creek. The Workers' Compensation Appeals Board dismissed the petition for reconsideration as there

Contra Costa County; Employment And Human Services Narkeithia Tate WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANARKEITHIA TATE, Applicant,vs.CONTRA COSTA COUNTY; EMPLOYMENT AND HUMAN SERVICES, Defendant.Case No. ADJ7626694OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION; ORDER GRANTING REMOVAL ON MOTION OF APPEALS BOARD AND DECISION AFTER REMOVAL            Applicant, in pro per, seeks reconsideration of the Notice of Intention to Order Dismissal of Case issued July 8, 2011, wherein the workers’ compensation administrative law judge (WCJ) expressly stated: “IT IS ORDERED that: This case will be dismissed absent objection in writing within 30 days of this order. This order is based on Applicant’s failure to appear at her 4/28/11 deposition and failure to appear at WCAB conferences on 5/11/11 and 7/6/11.”            Applicant contends that the WCJ erred by issuing the Notice of Intention to Order Dismissal of Case, with its self-executing order of dismissal, arguing that applicant contacted the WCAB district office “on the morning of my hearing date of July 6, 2011 and advised that my 18 year old nephew was shot the late evening of July 5, 2011 and was scheduled for surgery at 8 am at the John Muir Medical Center in Walnut Creek, due to the severity of his multiple gunshot wounds I had to be at the hospital with my family for support.” Applicant further contends that the individual who took her message assured applicant that “she would document the information” and applicant left her “cell number where I could be reached if need be to speak with either the clerk or the Judge.” Addressing the reference to applicant’s failure to appear at deposition, applicant contends that she had “no knowledge that I was ever scheduled for any deposition, neither my employer nor Worker Comp informed me that I needed to or was required to attend a deposition.” Defendant did not file an answer. ,             Based upon our review of the record, and for the reasons

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