Workers’ Compensation · Primary-source case analysis

Moore: An Undeliverable Address Defeated Notice of Counsel’s Withdrawal and Trial

By Aneeta Mishra and Timothy Chan

Published September 12, 2026

Daniel Moore’s claim proceeded through missed depositions, conferences, and trial after mail sent to his address of record repeatedly came back undeliverable. The Board examined whether counsel had been properly relieved and whether later proceedings could stand without reliable notice to the worker.

The record showed a notice failure, not merely nonparticipation

The district office and parties repeatedly used the same address even after mail was returned as undeliverable. The record did not establish that Moore actually received the notice of intent to relieve counsel, the withdrawal order, or later hearing notices.

Withdrawal required notice and good cause

WCAB Rule 10402 and Code of Civil Procedure section 284 require consent or a court order after notice. Counsel’s statement that the relationship had irrevocably broken down did not establish how the worker had been advised, whether he consented, or what reasonable efforts had been made to locate him.

Later defaults could not cure the original defect

The employer emphasized Moore’s repeated failures to appear. But the Board traced those events back to the unresolved withdrawal and service problem. A party cannot fairly be charged with ignoring proceedings when the record does not show notice reasonably calculated to reach that party.

The remedy reopened the entire adjudication

The WCAB vacated the order relieving counsel, reinstated the firm, rescinded the June 2026 findings, and returned the matter for development and adjudication. It did not decide industrial injury, limitations, or the post-termination defense on the merits.

Key takeaways

• Audit returned mail before relying on nonappearance.
• Document actual efforts to notify a client before seeking withdrawal.
• Treat notice as a due-process prerequisite, not a clerical formality.
• Separate procedural reinstatement and remand from a merits victory.