The judges in San Diego WCAB often will allow up to two non show appearances with no justification without consequences.
One tactic that I have been using seems to increase the appearances.
When I receive the notice of hearing, I mail a copy of it with a proof of service by mail to the defendant.
This solves three things.
1. You can show service has been made at least twice.
2. You can show service was made even if the Board address file was incorrect. ( happens a lot with the companies leaving the state)
3. The defendant knows you filed the DOR and may settle ahead of time.
Simply filing the DOR does not work as it can take over a year for the hearing to be scheduled after a DOR filing.
Often I find the return mail envelopes ( multiple) in the Board file of the Board issued notice to defendant.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment