Reynalda Angel, vs. Happy Day Domestic Agency, Inc.; State Compensation Insurance Fund,

In this case, Reynalda Angel filed a claim for workers' compensation benefits in August 1991, alleging injuries to her head, neck, upper and lower extremities, right foot, nervous system, and psyche on July 2, 1990. The State Compensation Insurance Fund sought dismissal of the claim under Title 8 California Code of Regulations Section 10582, and the Workers' Compensation Appeals Board granted the Petition for Reconsideration and rescinded the Order of Dismissal. The Board noted that the procedure for dismissal of claims for the alleged date of injury is specifically set forth in Labor Code section 5404.5, and the Order of Dismissal was not in compliance with the requirements of Labor Code section 5404.5 and therefore must be rescind

HAPPY DAY DOMESTIC AGENCY, INC.; STATE COMPENSATION INSURANCE FUND, REYNALDA ANGEL, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAREYNALDA ANGEL, Applicant,vs.HAPPY DAY DOMESTIC AGENCY, INC.; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ4298797 (VNO 0230156)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            Applicant seeks reconsideration of the Order of Dismissal issued May 26, 2009, wherein the workers’ compensation administrative law judge (WCJ) dismissed applicant’s claim for workers’ compensation benefits. The Order of Dismissal followed a Notice of Intention to Dismiss which was served April 23, 2009.            In the Report and Recommendation on Petition for Reconsideration (Report), the WCJ 161 noted in relevant part as follows:       “Applicant filed a claim form on August 14, 1991 for alleging to       have sustained injuries to her head, neck, upper and lower       extremities, right foot, nervous system and her psyche on July 2,       1990.       Defendant State Compensation Insurance Fund transmitted a letter       dated from February 23, 2009 to the applicant and applicant’s       attorney advising them of their intention to seek dismissal of her       claim under Title 8 California Code of Regulations Section 10582.       There is no indication that the applicant or applicant’s attorney 24       ever filed an objection to the defendant’s letter dated February 23,       2009.////// ,        Defendant State Compensation Insurance Fund filed a Petition for       Dismissal based upon inactivity as per Title 8 California Code of       Regulations Section 10582, on or about March 27, 2009.       There is no indication that the applicant or applicant’s attorney       ever filed an objection or response to the defendant’s Petition for       Dismissal.       The undersigned issued a Notice of Intention to Dismiss the claim       which was dated April 22, 2009, and served April 23, 20

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