11/01/2023
JUDGE
ON PETITION FOR RECONSIDERATION
I
INTRODUCTION
1.
Applicants Occupation
Applicants Age
Date of Injury
Parts of Body Injured
2.
Identity of Petitioner
Timeliness
Verification
Date of Order
Petitioners Contentions
3.
4.
Painter
51 at DOI
August 20 2023
Head neck upper
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treat as his timely Petition for Reconsideration.
DISCUSSION
I.
Preliminarily with respect to the timeliness of the petition having been filed more than 25 days
after service of the Order Dismissing Case we observe that there are 20 days allowed within which to
file a petition for reconsideration from
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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
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counsel.
3
Again absent the documents discussed herein being admitted into evidence there is no
factual basis for the Appeals Board including the WCJ to determine the timeliness of the UR
Determination.
Accordingly we grant reconsideration rescind the Findings and return the matter to the
WCJ for
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REMOVAL
I.
INTRODUCTION
1.
2.
3.
4.
Applicants Occupation
Safety
Specialist
41
Age
Parts of Body Injured
Lumbar spine right leg
Identity of Petitioner
Defendants
Timeliness
The Petition was timely filed.
Verified
The Petition was verified.
Date of Minutes of Hearing
August 17
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RECONSIDERATION
I
INTRODUCTION
1. Applicants Occupation
Applicants Age
Date of Injury
Parts of Body Injured
Elementary School Teacher
58
CT April 1 2014 to July 12 2017
Nervous systemPsyche; Stress
2. Identity of Petitioner
Timeliness
Verification
Applicant in pro per has filed the Petition
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Petitioner
Cost Petitioner Neil J. Halbridge M.D. filed the petition.
Timeliness
The petition was timely filed.
Verification
The petition was verified.
3. Date of Findings of Fact
September 6 2023
4. Petitioners contention
That it was improper to deny the Petition for
Determination of
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Academy Thousand Oaks
Petition is timely
Petition is verified
Timeliness
Verification
3. Date of Order
July 27 2023
4. Petitioner contends that the WCJ erred in
a Finding the defendant unreasonably terminated payment of death benefits.
b Ordering the defendant to reinstate payment of Death
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of Injury
Age on date of injury
Occupation
Body parts injured
Identity of petitioner
Timeliness
Verification
Date of the Award
April 29 2010; July 14 2011
50; 51
Service repair technician and manager
Brain; psyche; right shoulder left knee; spine
Applicant
The petition is timely filed
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construed as a
finding on the issue of permanent disability. Applicant further contends that SIBTF bears the
burden of proof on the issue of timeliness and that it cannot sustain this burden.
We have not received an answer from SIBTF. We received and reviewed applicants
supplemental brief. WCAB Rule
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