What the panel ordered
Decision of August 21, 2023 rescinded; case returned to trial level
Petition for Reconsideration granted, prior decision rescinded, case returned to trial level
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.
Service of the order dismissing was improperly delegated to defendant rather than the WCAB as required by regulation, warranting reconsideration and rescission of the dismissal order.
From the decision · page 3I. INTRODUCTION applicant filed an Application for Adjudication of Claim alleging injury on October 9, 2020 to her back, arm, hips, knee and leg while employed as a packer at Carson, California by HORIZON PERSONEL SERVICES who was insured for workers' compensation insurance by HARTFORD. An Order Dismissing Case issued August 21, 2023 and was served on all parties by Defendant on August 24, 2023. The service of the order dismissing was delegated to defendant rather than the WCAB serving the order as is required by Title 8, Cal. Code of Regulations section 10628(a). Applicant filed a timely and verified Petition for Reconsideration on September 1, 2023. The judge who signed the order retired August 31, 2023 and based upon a review of the history and since service of a final order was delegated to a party to serve, it is the recommendation of the undersigned judge that the commissioners grant reconsideration, rescind the order dismissing case dated August 21, 2023 and return the case to the Marina del Rey office to handle further issues related to this case.