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Stable Inc. administered by Post Time Self Insurance.
Timeliness Petition is timely
Verification Petition is verified
Dates of Issuance of Orders Issued on 92623. Served on 92823.
INTRODUCTION
Raul Chavez while working as a hot walker aged 57 during the alleged date of injury
of 7819 injured
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decision on this date.
mc
2
REPORT AND RECOMMENDATION ON APPLICANT'S
PETITION FOR RECONSIDERATION
I.
INTRODUCTION
Identity of Petitioner
Applicant filed the Petition.
Timeliness
The petition was timely filed.
Verification
The petition is verified.
2.
Date of Findings of Fact
October 9 2023
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of Petitioner
Defendant filed the petition
Timeliness
The petition is timely filed
Verification
The petition is properly verified
3. Date of Issuance of Findings of
Fact & Order
September 28 2023 date of service
4. Petitioners Contentions
A. That this court erred in finding injury
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provides that with the exception of timeliness where there is a
dispute regarding a UR decision the dispute shall be resolved only by independent medical review
IMR pursuant to sections 4610.5 and 4610.6. Lab. Code 4610i; 4610.5; 4610.6; Aguilar
v. Workers Comp. Appeals Bd. 2005 70
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decision on this date.
abs
7
REPORT AND RECOMMENDATION ON
PETITION FOR RECONSIDERATION
INTRODUCTION
Date of Injury
September 1 2008 - April 1 2017
Age on DOI
51
Occupation
DIESEL TRUCK MECHANIC
Identity of Petitioner
Defendant
Timeliness
The petition is timely
Verification
The
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issue of whether the Petition should be deemed timely. Since WCAB
Rule 10964a requires permission from the Appeals Board for filing supplemental pleadings only where "a petition
for reconsideration .... has been timely filed" and the issue of timeliness is now before us we do not view the separate
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dysfunction anorectal
dysfunction asthma gastro-esophageal
reflex disease acute inflammatory
demyelinating
polyradiculoneuropathy
urinary incontinence.
5. Manner of Injury
Reaction to flu vaccination
6. Identity of Petitioner
The petitioner is the defendant
7. Timeliness
The petition was timely
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service
Invoices must be submitted in a timely manner to the correct address of the insurance carrier and within 12 months of the date of service. The proof of service may be reviewed in assessing the timeliness of the submission.
As per Labor Code 4603.2b1B for services
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treated as a petition to set aside we need not consider
the timeliness of the Petition for Reconsideration.
The commission must find facts and declare and enforce rights and liabilitiesin short it
acts as a court and it must observe the mandate of the constitution of the United States that
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Petition for the reasons stated below and by the Arbitrator in the
Report which we adopt incorporate and quote below.
Preliminarily we note that both the arbitrators Report and the defendants Answer raise
the issue of the timeliness of applicants Petition. While the proof of service attached to
Category: Panel