Chapter 4.5. Division of Workers' Compensation
Subchapter 2. Workers' Compensation Appeals Board--Rules and Practice Procedure
Article 7. Petitions, Pleadings and Forms

§ 10550. Petition to Dismiss Inactive Cases.

(a) Unless a case is activated for hearing within one year after the filing of the Application for Adjudication of Claim or the entry of an order taking off calendar, the case may be dismissed after notice and opportunity to be heard. Such dismissals may be entered at the request of an interested party or upon the Workers' Compensation Appeals Board's own motion for lack of prosecution.

(b) At least 30 days before filing a petition to dismiss, the defendant seeking to dismiss the case shall send a letter to the applicant and, if represented, to the applicant's attorney or non-attorney representative, stating the defendant's intention to file a “Petition to Dismiss Inactive Case” 30 days after the date of that letter, unless the applicant or applicant's attorney or non-attorney representative objects in writing, demonstrating good cause for not dismissing the case.

(c) A petition to dismiss shall be filed with the district office having venue or in EAMS and the petition shall be served on all parties and all lien claimants pursuant to Rule 10625.

(d) A petition to dismiss shall be captioned “Petition to Dismiss Inactive Case [assigned ADJ number].”

(e) The following documents shall be filed with a petition to dismiss:

(1) A copy of the letter required by subdivision (b) of this rule; and

(2) Any reply to the letter required by subdivision (b) of this rule.

(f) A case may be dismissed after issuance of a 10-day notice of intention to dismiss and an opportunity to be heard, but not by an order with a clause rendering the order null and void if an objection showing good cause is filed.

Note: Authority cited: Sections 133 and 5307, Labor Code. Reference: Sections 5405 and 5406, Labor Code.

HISTORY

1. New section filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47).

2. Renumbering of former section 10550 to section 10390 and renumbering of former section 10582 to section 10550, including amendment of section heading and section, filed 12-17-2019; operative 1-1-2020. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 2019, No. 51).

3. Amendment of subsections (e)(1)-(2) filed 12-15-2021; operative 1-1-2022 pursuant to Government Code section 11343.4(b)(3. Submitted to OAL for filing and printing only pursuant to Government Code section 11351 (Register 2021, No. 51).