Pedro Vicario vs. Teresa’s Taco Villa Employers Compensation Insurance Company

In this case, Pedro Vicario, an employee of Teresa's Taco Villa, sought reconsideration of the February 20, 2014 Amended Order of Dismissal, wherein the workers' compensation administrative law judge (WCJ) dismissed applicant's case without prejudice for lack of prosecution. The Appeals Board granted reconsideration, rescinded the February 20, 2014 Amended Order of Dismissal and returned the matter to the trial level for further proceedings and a new decision by the WCJ.

TERESA’S TACO VILLA EMPLOYERS COMPENSATION INSURANCE COMPANY PEDRO VICARIO WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPEDRO VICARIO, Applicant,vs.TERESA’S TACO VILLA; EMPLOYERSCOMPENSATION INSURANCE COMPANY, Defendants.Case No. ADJ7968534(Santa Ana District Office)OPINION AND ORDERGRANTING PETITITON FORRECONSIDERATIONAND DECISION AFTERRECONSIDERATION            Applicant seeks reconsideration of the February 20, 2014 Amended Order of Dismissal, wherein the workers’ compensation administrative law judge (WCJ) dismissed applicant’s case without prejudice for lack of prosecution.            Applicant contends the WCJ erred in dismissing his case, arguing that he was denied due process because the WCJ did not issue a notice of intention prior to dismissing his case.            We have considered applicant’s Petition for Reconsideration and the record in this matter. No Answer was received. The WCJ has filed a Report and Recommendation of Workers’ CompensationAdministrative Law Judge on Petition for Reconsideration (Report), recommending that the Order dismissing be rescinded and the matter returned to the trial level.            For the reasons discussed below, we will grant reconsideration, rescind the February 20, 2014 Amended Order of Dismissal and return the matter to the trial level for further proceedings and a new decision by the WCJ.            Applicant, while employed as a laborer, sustained an admitted cumulative injury from July 1, 2010 through May 5, 2011, to his hand and hernia. The parties agreed to utilize an agreed medical examiner (AME), Davis Heskiaoff, M.D., who initially evaluated applicant on July 31, 2012. After applicant reportedly underwent surgery, applicant’s attorney lost contact with applicant in March 2013. On April 29, 2013, applicant failed to keep a second appointment scheduled with the AME. On May 6, , 2013, defendant sent correspondence to applicant’s attorney, informing that because applicant’s case had been inactive for

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