Dismissal

Powell v. Fatte’s Pizza (2016 Cal. Wrk. Comp. LEXIS P.D. 133) (BPD):

 

Defendant filed a petition to dismiss for lack of prosecution. Defendant filed a Declaration of Readiness to proceed on the issue of dismissal only.

The matter proceeded to hearing before the Worker’s Compensation Judge who issued an order denying defendant’s petition to dismiss applicants claim for lack of prosecution because applicant did not receive the required notice of intention to dismiss or hearing notice and defendant did not serve applicant all known addresses or utilize alternative methods of notifying applicant as suggested by the WCJ.

The WCAB granted removal to in the judge’s dismissal order which indicated that defendant reactivated the case by filing a declaration of readiness to proceed and would have to wait one year before filing the petition for dismissal for lack of prosecution.

The WCAB concluded that filing a declaration of readiness to proceed solely limited to dismissal pursuant to a petition to dismiss does not serve to activate the case regarding other issues.

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