From Casetext: Smarter Legal Research

SIMONE HAMILTON, Applicant v. MAK'M, INC., dba COLD STONE CREAMERY; PEERLESS INSURANCE COMPANY, Defendants

California Workers Compensation Decisions
Aug 10, 2021
ADJ8020538 (Cal. W.C.A.B. Aug. 10, 2021)

Opinion


SIMONE HAMILTON, Applicant v. MAK'M, INC., dba COLD STONE CREAMERY; PEERLESS INSURANCE COMPANY, Defendants No. ADJ8020538 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California August 10, 2021

         San Diego District Office

         OPINION AND ORDER DISMISSING PETITIONS FOR RECONSIDERATION

          DEIDRA E. LOWE. COMMISSIONER

         Applicant, in pro per, has filed a Petition for Reconsideration on June 11, 2021 and a Petition for Reconsideration on July 15, 2021 regarding an October 13, 2017 Order Dismissing Case issued by the workers' compensation administrative law judge (WCJ). This matter came on calendar on May 3, 2021 and it was continued to a status conference on July 17, 2021. On that date, it was ordered off calendar due to the pending Petition for Reconsideration. In his report, the WCJ states that proceedings are underway to make a record and give the applicant an opportunity to be heard on the issue of whether the Order Dismissing Case should be set aside. Given that proceedings are underway to consider applicant's request to set aside the prior Order Dismissing Case, we will dismiss the current Petitions for Reconsideration as premature and return this matter to the trial level for the WCJ to set this matter for another status conference and for such further proceedings as the WCJ determines appropriate.

Former Commissioner Gondak, who was on the panel that issued a prior decision in this matter is unavailable to participate further in this decision. Another panel member was assigned in her place.

         For the foregoing reasons,

         IT IS ORDERED that the Petitions for Reconsideration are DISMISSED.

         I CONCUR,

         KATHERINE A. ZALEWSKI. CHAIR, MARGUERITE SWEENEY. COMMISSIONER


Summaries of

SIMONE HAMILTON, Applicant v. MAK'M, INC., dba COLD STONE CREAMERY; PEERLESS INSURANCE COMPANY, Defendants

California Workers Compensation Decisions
Aug 10, 2021
ADJ8020538 (Cal. W.C.A.B. Aug. 10, 2021)
Case details for

SIMONE HAMILTON, Applicant v. MAK'M, INC., dba COLD STONE CREAMERY; PEERLESS INSURANCE COMPANY, Defendants

Case Details

Full title:SIMONE HAMILTON, Applicant v. MAK'M, INC., dba COLD STONE CREAMERY…

Court:California Workers Compensation Decisions

Date published: Aug 10, 2021

Citations

ADJ8020538 (Cal. W.C.A.B. Aug. 10, 2021)