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have come to the WCAB to date stamp
the document to confirm its timeliness. In order to claim equitable defenses the
party must come in with clean hands. In this case the Applicant Counsel does
not show that the Carrier acted wrongly. Rather Applicant Counsel did not
follow through.
III
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Timeliness of Petition
Verification
Issue
Applicant
Timely
Verified
Joint Findings of Fact and Opinion
Applicant filed a Petition for Reconsideration in response to the Joint
Findings of Fact and Opinion on Decision issued March 13 2023. Applicant
filed the Petition for Reconsideration on the following
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Compensation Judge
Date of Injury
Maribeth Arendt
1292017
REPORT AND RECOMMENDATION ON PETITION FOR
RECONSIDERATION
INTRODUCTION
Date of Order
Petitioner
Timeliness of Petition
Verification of Petition
4102023
Pro Per Applicant
Timely Petition
Yes
INTRODUCTION
Petitioner filed a Petition for
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RECONSIDERATION
I.
INTRODUCTION
1.
Applicants Occupation
Date of birth
Dates of Injury
Parts of Body Injured
Manner in Which Injury Occurred
Conveyor tender
CT April 10 2018 May 19 2018
Cervical thoracic and lumbar spine
Not in dispute
2.
Identity of Petitioner
Timeliness
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dates of injury
46
Dates of injury
11172020
Parts of body injured
COVID
Identity of petitioner
Defendant
Timeliness
Yes
Verified
Yes
Answer Filed
Not at this time
Date of Action
Findings of Fact dated 3232023 at
AOECOE trial
10. The petitioner's contentions
that the undersigned acted
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charge or failing to make a good faith effort to comply with timeliness
or procedures or contesting a charge based on a dispute over injury or parts of body.
Defendant did not timely make the payments and did not timely object to the billings.
However they did contest some charges such as charges for
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06/01/2023
Timeliness
Not Timely
Verification
Verified
Date of Issuance of Findings and Order
February 10 2022
Petitioners Contentions
a.
That WCJ erred by Dismissing case.
An Answer has not been filed
II
FACTS AS THEY RELATE TO DISMISSAL
Defendant filed a Petition to Dismiss Inactive case on August 31 2021
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Injured
August 15 1965
1116 121520
jaw digestive nervous system
reproductive and other body systems
Timeliness
Verification
Defendant and Cost Petitioner
filed the Petition.
The petitions are timely filed.
The Petition is verified.
3.
Date of Findings of Fact
332023
4.
It is
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Appeals Board to this
original decision on this date.
mc
2
REPORT AND RECOMMENDATION ON PETITION FOR RECONSIDERATION
I.
INTRODUCTION
1.
2.
3.
4.
Applicants Occupation
Applicants Age
Date of Injury
Parts of Body Injured
Identity of Petitioner
Timeliness
Verification
Date of Findings and
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Identity of Petitioner
Timeliness
Verification
Date of Issuance
Petitioners Contentions
Defendant; LEASING RESOURCESV&V
WELDING INC.; LUMBERMANS
UNDERWRITING ALLIANCE in liquidation
administered by CIGA by its servicing facility
SEDGWICK CLAIMS MANAGEMENT SERVICES;
The petition was filed
Category: Panel