What the panel ordered
Petition for Reconsideration granted; Order Dismissing Cases rescinded; matter returned to WCJ for further proceedings.
Applicant seeks reconsideration of the Order Dismissing Cases issued by the WCJ on January 10, 2025, which dismissed the cases for failure to appear.
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 dismissal order was based on an invalid Notice of Intention to Dismiss (NIT) because there was no adequate evidence that applicant was properly noticed for the hearings, so the dismissal was void and the petition for reconsideration was granted.
From the decision · page 8the WCJ issued the NIT on December 16, 2024.4 Failure to appear is a basis for dismissal only "[w]hen a required party, after notice, fails to appear at a trial." (Cal. Code Regs., tit. 8, § 10756, emphasis added.) Here, the record does not include evidence that applicant was noticed for the November 4 or December 16 hearing dates (nor the erroneous December 26 date), so there was no "failure to appear."
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.