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Zoyla Sanchez (deceased) Gabino Rodriguez (applicant), vs. J & J Farm Labor Contracting; Redwood Fire & Casualty Insurance Company; State Compensation Insurance Fund,

J & J FARM LABOR CONTRACTING; REDWOOD FIRE & CASUALTY INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND, ZOYLA SANCHEZ (Deceased) GABINO RODRIGUEZ (Applicant), WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAZOYLA SANCHEZ (Deceased) GABINO RODRIGUEZ (Applicant), Applicant,vs.J & J FARM LABOR CONTRACTING; REDWOOD FIRE & CASUALTY INSURANCE COMPANY; STATE COMPENSATION INSURANCE FUND, Defendant(s).Case No. ADJ809583 (SBR 0335376)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION            The Death Without Defendants Unit (hereafter “petitioner” or “DWD”) seeks reconsideration of the Order of Dismissal issued by a workers’ compensation administrative law judge (WCJ) on August 4, 2009. In that Order, the WCJ dismissed this matter, without prejudice, for lack of prosecution. This claim was initiated on December 18, 2006 by the alleged dependents of the decedent, who died on August 19, 2006, as a result of her having allegedly breathed in fungal spores causing coccidioidomycosis.            In its Petition for Reconsideration, DWD contends that the WCJ erred in ordering dismissal where it filed a timely objection which the WCJ failed to consider. DWD also argues that State Compensation Insurance Fund’s (SCIF) petition seeking dismissal was defective as SCIF did not comply with Board Rule 10582 (Cal. Code Regs., tit. 8 § 10582) in serving DWD with a letter regarding SCIF’s intention to seek dismissal. Further, petitioner contends no written petition requesting dismissal was served on DWD. No Answer was found in the Electronic Adjudication Management System (EAMS) or in the file forwarded to us.            In his Report and Recommendation on Petition for Reconsideration (Report), the WCJ , noted that the EAMS file reflected that DWD had filed its objection to the June 3, 2009 Notice of that the case would be dismissed in 45 days unless good cause to the contrary were shown. (Minutes of Hearing, 6/3/09.) DWD’s objection was

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