WCPanelIQ
PanelDismissed

Garcia, Elvira

ELVIRA GARCIA, Applicant vs. COUNTY OF RIVERSIDE, permissibly self-insured, Defendants

ADJ number
ADJ11073288
Decision date
Jan 30, 2025
District office
Riverside
WCJ
Eric Yee
Claim administrator
County of Riverside (permissibly self-insured)
Commissioners
—

Injury / body parts: headaches, psyche

LC §5909LC §5900

Summary

Applicant Elvira Garcia, a healthcare social worker, claimed injury to headaches and psyche while employed by County of Riverside (permissibly self-insured) on September 20, 2017. On November 4, 2024, the parties entered Stipulations with Request for Award finding 33% permanent disability, which the WCJ approved. Acting in pro per after dismissing her attorney, applicant filed a timely Petition for Reconsideration on November 18, 2024, contending the Stipulations were based on stale medical reporting and should be set aside, and that she instead wanted a Compromise and Release. The Board, agreeing with the WCJ's Report, dismissed the Petition as premature and returned the matter to the trial level to treat it as a petition to set aside the Award. The Board also addressed its timely action under amended Labor Code section 5909 and noted defendant served the Award using a stale address list.

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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