Lab. Code § 5313; Cal. Code Regs., tit. 8, § 10382; Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc), citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753, 755 [33 Cal.Comp.Cases 350, 351].
Any decision to rejoin parties previously dismissed should be based upon an adequate record after providing the parties an opportunity to be heard, in the same manner as any other order touching on the parties' due process rights.
Applied to require a record and opportunity to be heard before joining a previously dismissed party.
From the decision · page 2Accordingly, any decision to rejoin parties previously dismissed should be based upon an
adequate record after providing the parties an opportunity to be heard, in the same manner as any
other order touching on the parties' due process rights. (Lab. Code § 5313; Cal. Code Regs., tit. 8,
§ 10382; Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476
(Appeals Board en banc), citing Evans v. Workmen's Comp. Appeals Bd. (1968) 68 Cal.2d 753,
755 [33 Cal.Comp.Cases 350, 351].)
Cal. Code Regs., tit. 8, § 10832; San Bernardino Community Hospital v. Workers' Comp. Appeals Bd. (McKernan) (1999) 74 Cal.App.4th 928, 936 [64 Cal.Comp.Cases 986]
The process of issuing a Notice of Intention provides both notice to the parties of the court's intended course of action, and the opportunity for those parties to be heard.
Applied to explain that the WCJ should have issued a Notice of Intention before joining the Mets.
From the decision · page 3We note that here, one of the procedural options available to the WCJ was the issuance of
a Notice of Intention (NIT). WCAB Rule 10832 describes the process by which a WCJ may issue
an NIT, and provides a framework designed to afford the parties with their "fundamental rights to
due process." (Rucker, supra, at pp. 157-158.) Rule 10832 provides that following the filing of a
petition, the WCJ may, "for any proper purpose," provide notice of its intended action, and
thereafter provide the parties with corresponding opportunity to respond to the notice. (Cal. Code
Regs., tit. 8, § 10832(a).) The process of issuing a Notice of Intention thus provides both notice to
the parties of the court's intended course of action, and the opportunity for those parties to be
heard. (Ibid.; San Bernardino Community Hospital v. Workers' Comp. Appeals Bd. (McKernan)
(1999) 74 Cal.App.4th 928, 936 [64 Cal.Comp.Cases 986] [the essence of due process is notice
and opportunity to be heard].) Issuing a notice of intention clearly sets out the next steps required
of both the parties and the WCJ, and encourages the creation of a complete record which reflects
the evidentiary and the legal bases for the WCJ's determination. (Evans v. Workmen's Comp.
Appeals Bd., supra, at p. 755.)