05/01/2023
Brentwood Services Admin. Inc. for US
Admin. Claims
WCAB No. ADJ16838747
DATE OF INJURY August 11 2022
REPORT AND RECOMMENDATION ON
PETITION FOR RECONSIDERATION
INTRODUCTION
1.
2.
3.
4.
Applicants Occupation
Age
Identity of Petitioner
Timeliness
Verified
Date of Order Appealed
The Petitioner
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05/01/2023
applicant filed a Petition for Reconsideration.
Report p. 2.
DISCUSSION
The seminal case on the issue of timeliness of a SIBTF application is Subsequent Injuries
Fund v. Workmens' Comp. Appeals Bd. Talcott 1970 2 Cal. 3d 56 65 35 Cal.Comp.Cases 80
which held
We should in the absence of
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05/01/2023
timely made but did not take the next step and
analyze whether the determination was timely communicated to applicants attorney. Given the
holding in Bodam the WCJ was required to address this issue in order to determine timeliness. In
addition it is defendants burden to show the UR decision was
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05/01/2023
ParamedicFirefighter group 490
39
762016
Brain Seizure
2. Identity of Petitioner
Timeliness
Verification
Applicant
The Petition was timely
The Petition was properly verified.
3. Date of Findings and Order
7132020
4. Petitioners Contentions
That applicant is entitled to permanent
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05/01/2023
Parts of Body Injured
Permit Technician
45 at time of injury
01272021
Illness due to COVID-19
3.
Identity of Petitioner
Timeliness
Verification
Defendant filed the Petition.
The petition was timely filed on 03242023.
The Petition was properly verified.
4.
Date of Issuance of Order
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05/01/2023
RECONSIDERATION
I
Date of Injury
Age on DOI
Occupation
Parts of Body Injured
Identity of Petitioners
Timeliness
Verification
Date of Order
Petitioners Contentions
February 16 2017 through July 13 2017
54 years old
Human Services Specialist
Claimed neck left arm shoulder psyche and back
Applicant
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Petitioner
Type of Petition
Timeliness
Verification
Date of Order
First Petitioners Contentions
06102010-03122021
56
Correctional Officer
prostate cancer erectile dysfunction urinary system
and reproductive system
Defendant Petitioner
Petition for Reconsideration andor Removal
The petition
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original decision on this date.
o.o
2
REPORT AND RECOMMENDATION ON
PETITION FOR RECONSIDERATION
I. INTRODUCTION
1.
Applicants Occupation Security Officer
Age 36
Parts of Body Injured Right Shoulder and neck
2.
Identity of Petitioner Applicant via his attorney Timeliness
The Petition is timely
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05/01/2023
this original decision on this date.
CS
2
REPORT AND RECOMMENDATION ON PETITION
FOR RECONSIDERATION
I. INTRODUCTION
Identity of Petitioner
Applicant through his Attorney Mark A. Vickness.
Timeliness
The petition was filed timely.
Verification
The petition was properly verified.
Date of
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04/01/2023
RECOMMENDATION ON PETITION
FOR RECONSIDERATION
I
INTRODUCTION
1.
Applicants Occupation Housekeeper
Applicants Age 50
Date of Injury April 10 2019
2.
Identity of Petitioner Applicant has filed the Petition.
Timeliness The petition is timely.
Verification A verification is attached to the
Category: Panel