Q: I recently filed a DOR at the WCAB and I forgot to mail off a copy to the insurance company what should I do?
I received my hearing date and also received a petition for reconsideration from the insurance company on a march 4, 2019 hearing. will the case be taken off calendar?
A: Because there was a petition for reconsideration filed by defendants, the case is stayed until the WCAB make a decision. Most likely the case will not be taken off calendar, but the WCJ will not do anything more than take the case off calendar at the hearing. Best approach is to write the court saying there is a petition for reconsideration and request that the court date be cancelled. It will save you a trip to court. Because of the Recon, your DOR is irrelevant.
Nancy J. Wallace agrees with this answer
A: Yes, i'm quite surprised you were given a date if the Petition For Reconsideration was on file. EAMS should have stopped your DOR from generating a date, but it isn't fool-proof. When a party gets a date and swears under penalty of perjury they provided a copy to the other party and they did not, the other party objects to the date when they get the hearing notice, noting they were never served with the DOR.
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