Ascot Enterprises, Inc.; State Compensation Insurance Fund; The Hartford Rita Pinela WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARITA PINELA Applicant,vs.ASCOT ENTERPRISES, INC.; STATE COMPENSATION INSURANCE FUND; THE HARTFORD, Defendants. Case No. ADJ3149068 (LAO 0875000)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION Applicant seeks reconsideration of the November 9, 2012 Order of Dismissal, wherein the workers’ compensation administrative law judge (WCJ) dismissed applicant’s case without prejudice and ordered the defendant to pay reasonable medical-legal costs. Applicant had alleged that, while employed as a machine operator from 1987 to June 2006, she sustained industrial injury to her cervical spine, thoracic spine, lumbar spine, neck, left shoulder, internal, and psyche. Applicant contends that the WCJ erred in dismissing her-case. We have considered the Petition for Reconsideration (Petition) and defendant The Hartford’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report), recommending that the Petition be denied. For the reasons discussed below, we will deny applicant’s Petition for Reconsideration. Applicant filed her Application for Adjudication of Claim (Application) on February 13, 2007, with no insurance carrier listed. On May 29, 2007, applicant filed a First Amended Application for Adjudication of Claim, adding The Hartford as her employer’s insurance carrier. On April 8, 2008, applicant filed a Second Amended Application for Adjudication of Claim, adding the State Compensation Insurance Fund as another insurance carrier. On October 26, 2010, defendant State Compensation Insurance Fund (SCIF) served applicant , with a pre-dismissal letter for failure to prosecute pursuant to WCAB Rule 10582. Applicant did not respond. SCIF filed a “Petition for Dismissal [Rules of Practice and Procedure § 1058
Rita Pinela vs. Ascot Enterprises, Inc.; State Compensation Insurance Fund; The Hartford
In this case, Ascot Enterprises, Inc., the State Compensation Insurance Fund, and The Hartford were defendants in a workers' compensation case brought by Rita Pinela. Pinela alleged that she sustained industrial injury to her cervical spine, thoracic spine, lumbar spine, neck, left shoulder, internal, and psyche while employed as a machine operator from 1987 to June 2006. The workers' compensation administrative law judge dismissed the case without prejudice and ordered the defendant to pay reasonable medical-legal costs. Pinela sought reconsideration of the dismissal, but the Workers' Compensation Appeals Board denied her petition.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3149068
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