WCPanelIQ
PanelDismissed

Fuentes, Angelica

ANGELICA FUENTES, Applicant vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION – CTF SOLEDAD, legally uninsured; STATE COMPENSATION INSURANCE FUND / STATE CONTRACT SERVICES, Adjusting Agency, Defendants

ADJ number
ADJ15488412
Decision date
Apr 13, 2025
District office
Salinas
WCJ
—
Claim administrator
State Compensation Insurance Fund / State Contract Services (Adjusting Agency for legally uninsured State of California, Department of Corrections and Rehabilitation – CTF Soledad)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: nervous system, psyche

LC §5909LC §5900LC §5903LC §5806LC §5807CCR §10964CCR §10605CCR §10600CCR §10940CCR §10615CCR §10206.3

Summary

Defendant (CDCR/State Compensation Insurance Fund) sought reconsideration of a January 10, 2025 FA&O finding that applicant Angelica Fuentes sustained a compensable cumulative trauma psyche injury, was temporarily totally disabled, and that no apportionment basis existed, while arguing her psyche injury was 70% caused by her non-industrial prior cancer. The WCJ's decision was served January 10, 2025, but defendant's petition was filed February 5, 2025 (submitted to EAMS after 5:00 pm on February 4, 2025), beyond the 25-day jurisdictional deadline. Defendant conceded the untimeliness and requested the Board address the merits anyway. The Board held the time limit is jurisdictional and it has no authority to consider an untimely petition. The petition was dismissed, though the Board noted it would have denied it on the merits had it been timely. A typographical/clerical error correction was left to the WCJ's purview, with the Board noting the enforceable FA&O finding was entered correctly.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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