What the panel ordered
Petition for reconsideration granted; both dismissal orders vacated; matter returned to trial level for further proceedings.
Applicant sought reconsideration of the WCJ's January 12, 2026 order reaffirming dismissal. The WCAB panel reviewed the record, granted reconsideration, vacated both the August 2, 2024 and January 12, 2026 dismissal orders, and returned the matter to the trial level.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The August 2, 2024 dismissal order was void ab initio as a prohibited 'self-destruct' order under WCAB Rule 10550(f); applicant timely objected, showing good cause. The January 12, 2026 reaffirmation of dismissal was improper as applicant was not afforded an opportunity to be heard after timely objection to the NIT.
From the decision · page 6As evidenced by the January 12, 2026 Order, WCJ Sulprizio chose the path of least resistance and simply skipped the steps of reviewing the record and creating a record; she decided that no objection had been filed in response to the August 2, 2024 Order. We emphasize that even if no objection had ever been filed, the August 2, 2024 Order was void ab initio here because WCAB Rule 10550(f) prohibits self-destruct orders. In other words, the August 2, 2024 Order was invalid and never enforceable even at the time it issued.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The August 2, 2024 dismissal order was a prohibited 'self-destruct' order under WCAB Rule 10550(f), and applicant timely objected, making the order void ab initio.
Favours Applicant prevailed
This rendered the dismissal order invalid and the case was never properly dismissed.
From the decision · page 6As evidenced by the January 12, 2026 Order, WCJ Sulprizio chose the path of least resistance and simply skipped the steps of reviewing the record and creating a record; she decided that no objection had been filed in response to the August 2, 2024 Order. We emphasize that even if no objection had ever been filed, the August 2, 2024 Order was void ab initio here because WCAB Rule 10550(f) prohibits self-destruct orders. In other words, the August 2, 2024 Order was invalid and never enforceable even at the time it issued.
Applicant timely filed written objections to both the August 2, 2024 dismissal order and the November 12, 2025 notice of intent to dismiss.
Favours Applicant prevailed
Applicant was not afforded an opportunity to be heard after timely objection, making the reaffirmation of dismissal improper.
From the decision · page 7Thereafter, the WCJ issued the NIT to dismiss on November 12, 2025. Allowing five days for service, applicant had until November 27, 2025, to file a timely written objection to the NIT. Applicant's attorney filed a written objection to the NIT on November 24, 2025. Nonetheless, on January 12, 2026, WCJ Sulprizio issued an Order "reaffirming dismissal," without setting a status conference or holding a hearing. Because applicant did object on August 6, 2024 despite the WCJ's statement in her Order, and because the August 2, 2024 Order of dismissal is void, there was no basis for WCJ Sulprizio's Order "reaffirming dismissal." Even if the January 12, 2026 Order was not void on its face, we would have rescinded it as applicant was not afforded the opportunity to be heard despite a timely written objection to the NIT.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, § 10550(f)
WCAB Rule 10550(f) prohibits 'self-destruct' dismissal orders that are voided by timely objection showing good cause; dismissal requires proper notice and opportunity to be heard.
The August 2, 2024 dismissal order was void ab initio as it was a prohibited 'self-destruct' order under Rule 10550(f).
From the decision · page 6Both WCAB Rules 10550(f) and 10850(b) prohibit orders of dismissal that contain a clause rendering the order null and void if an objection showing good cause is filed. (Cal. Code Regs., tit. 8, § 10550(f), 10850(b).) These orders are commonly referred to as "self-destruct" orders. The August 2, 2024 Order of dismissal issued by WCJ Sommer contained the following clause: "Timely Objection within 20 days showing good cause will void this order." Applicant timely filed an objection on August 6, 2024.
Cal. Code Regs., tit. 8, § 10850(b)
Dismissal of an application for adjudication requires issuance of a notice of intention to dismiss and an opportunity to be heard, not by an order with a clause rendering the order null and void if an objection showing good cause is filed.
The January 12, 2026 reaffirmation of dismissal was improper as applicant was not afforded an opportunity to be heard after timely objection to the NIT.
From the decision · page 7Also relevant to the case before us, WCAB Rule 10850(b) states: (b) All other orders of dismissal of Applications for Adjudication of Claim shall issue only after service of a notice of intention allowing at least 10 days for any adverse party to show good cause to the contrary, and not by an order with a clause rendering the order null and void if an objection showing good cause is filed.
What proof carried it
The evidence the panel weighed, by kind.
Applicant timely filed written objections to both the August 2, 2024 dismissal order and the November 12, 2025 notice of intent to dismiss, demonstrating ongoing intent to prosecute the claim and ongoing discovery.
From the decision · page 2On August 1, 2024, defendant filed a Petition to dismiss. On August 2, 2024, WCJ Sommer issued an Order dismissing the case, but stated that "Timely Objection within 20 days showing good cause will void this order." On August 6, 2024, applicant's attorney filed an objection to the Order of dismissal. In relevant part, the objection states that: Applicant's Attorney objects to said Order because he is in contact with the decedent's family, and they intend on moving forward with this claim for death benefits.... Additionally, Applicant's Attorney objects because discovery remains ongoing, as a PQME panel in the specialty of Internal Medicine dated April 8, 2024 was heretofore served to defense counsel.... Concurrent with the filing of this Objection, Applicant's Attorney will file a DOR for Status Conference to address the status of the claim and coordinate discovery.
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