What the panel ordered
The WCAB granted the Petition for Reconsideration, rescinded the June 22, 2022 Order of Dismissal, and returned the matter to the WCJ for further proceedings.
Applicant sought reconsideration of the June 22, 2022 Order of Dismissal by the WCJ, which dismissed the matter due to applicant's failure to appear at trial, represented by prior counsel. The WCJ recommended denial of the petition for reconsideration.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB found that the applicant's representative's appearance at the hearing satisfied the appearance requirement, making the Notice of Intention to Issue Order Dismissing Case invalid and the Order of Dismissal improper.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's representative appeared at the May 25, 2022 hearing, satisfying the appearance requirement.
Favours Applicant prevailed
This made the Notice of Intention to Issue Order Dismissing Case invalid and the Order of Dismissal improper.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10832 (a)
The WCJ may issue a notice of intention for any proper purpose including dismissing an application or sanctioning a party (Cal. Code Regs., tit. 8, 10832 (a)).
The NIT was found invalid as it was not issued for a proper purpose.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
Lab. Code, 5700
Either party may be present at any hearing in person, by attorney, or by any other agent and may present testimony (Lab. Code, 5700).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
Cal. Code Regs., tit. 8, 10752(a)
Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief (Cal. Code Regs., tit. 8, 10752(a)).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
Cal. Code Regs., tit. 8, 10305(c)
Appearance means a party or their representative's presence at any hearing (Cal. Code Regs., tit. 8, 10305(c)).
The appearance of applicant's representative satisfied the appearance requirement.
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
What proof carried it
The evidence the panel weighed, by kind.
work activityfavours Applicant prevailed
Appearance of applicant's representative at the hearing satisfied the appearance requirement under Cal. Code Regs., tit. 8, 10752(a) and 10305(c).
From the decision · page 2DISCUSSION The WCJ may issue a notice of intention for any proper purpose. (Cal. Code Regs., tit. 8, § 10832 (a).) A proper purpose includes, but is not limited to, (1) Allowing, disallowing or dismissing a lien; (2) Granting, denying or dismissing a petition; (3) Sanctioning a party; (4) Submitting the matter on the record; or (5) Dismissing an application. (Id.) "Either party may be present at any hearing, in person, by attorney, or by any other agent, and may present testimony pertinent under the pleadings." (Lab. Code, § 5700, italics added.) Each applicant and defendant shall appear or have an attorney or non-attorney representative appear at all hearings pertaining to the case in chief. (Cal. Code Regs., tit. 8, § 10752(a), italics added.) Appearance means a party or their representative's presence at any hearing. (Cal. Code Regs., tit. 8, § 10305(c), italics added.) Therefore, the appearance of applicant's representative at the hearing satisfied the appearance requirement. As applicant met the requirement for appearing at the hearing by having his representative attend, the NIT was not issued for a proper purpose. Therefore, the NIT was invalid. Accordingly, we grant applicant's Petition, rescind the June 22, 2022, Order, and return the matter to the WCJ for further proceedings consistent with this decision.
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