09/01/2023
Date of Injury
Parts of Body Inured
Identity of Petitioner
Timeliness
Verification
Date of Findings and Award
Defendants Contentions
Registered Nurse
55
March 5 2020
Cervical spine and low back
Defendant
Yes
Yes
June 28 2023
The Findings and Award must be set aside because basing
the Award
Category: Panel
09/01/2023
INTRODUCTION
Date of Injury
Age on DOI
Occupation
Parts of Body Injured
Identity of Petitioner
Timeliness
Verification
Date of Award and Order
Petitioners Contentions
February 17 2012
57
Correctional Officer
brainneurological system cognitive psyche
vestibularearvertigo speech and sleep
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09/01/2023
submitted the issues of
defendants proposed documents and the timeliness of applicants objections for trial and the
relevant evidence was admitted into the record. MOH August 25 2022 pp. 2-3 Issue Nos. 1-5;
App. Exh. 18 Proposed QME Letter; Joint Exh. 2 Deposition of Christina Navarro; Joint
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also denied applicants motion to develop the record. FA&O
p. 3.
DISCUSSION
I. Timeliness
The Petition for Reconsideration was timely. The FA&O was filed on June 16 2023. Any
person aggrieved thereby may petition for reconsideration at any time within 20 days after the
service of any final order
Category: Panel
09/01/2023
RECONSIDERATION
I. INTRODUCTION
Dates of Injury
Occupation
Party of Body Injured
Settlement
Petitioner
Timeliness
Verification
Petitioners Contention
09-11-2015
laborer
multiple body parts
Compromise and Release on 07-25-2019
Applicants former attorney as Lien Claimant
The petition filed on 04-28
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Supreme Court cases that provide guidance on the issue of timeliness of a
SIBTF claim. Subsequent Injuries Fund v. Workmens Comp. Appeals Bd. Talcott 1970 2
Cal.3d 56 65 35 Cal.Comp.Cases 80; Subsequent Injuries Fund v. Workmens Comp. Appeals
Bd. Pullum 1970 2 Cal.3d 78 35
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Date of Injury
Parts of Body Injured
Manner in Which Injury
Occurred
Identity of Petitioner
Timeliness
Verification
Date of Issuance of
Findings of Fact & Order
Forklift Driver
36
June 23 2021
Low back and alleged left hip and right hip
Struck a pole at five mph while driving a forklift
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09/01/2023
Injured
Bilateral knees and left wrist
Bilateral knees and left wrist
Manner in which injury
occurred
Identity of Petitioner
Timeliness
Verification
Date of Findings & Order
Fall Cumulative trauma at work
Defendant filed the Petition.
The petition was timely.
The petition was verified
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Workers Compensation Appeals Board to this
original decision on this date.
mc
2
REPORT AND RECOMMENDATION ON
PETITION FOR RECONSIDERATION
I
INTRODUCTION
Applicant's Occupation
Applicant's Age
Date of Injury
Parts of Body Injured
Identity of Petitioner
Timeliness
Verification
Nurse
57-58
46
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observe that the Petition was not filed within 10 days of
December 29 2022 the date of the alleged conduct warranting disqualification. Ibid.
Notwithstanding the failure to comply with our Rules with respect to the content and
timeliness of the Petition we acknowledge that the Petition sets forth
Category: Panel