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PanelDismissed

McCullough, Doug

DOUG MCCULLOUGH, Applicant vs. MODESTO FIRE DEPARTMENT, permissibly self-insured, and administered by ATHENS ADMINISTRATORS; AND SALIDA FIRE PROTECTION DISTRICT, Permissibly Self-Insured, Adjusted by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ17388371
Decision date: Jan 23, 2025
District office: Lodi
WCJ: —
Claim administrator: Athens Administrators
Commissioners: CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5909LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Doug McCullough (deceased) was a firefighter, and his dependent Krista McCullough pursued a workers' compensation claim against the Modesto Fire Department and Salida Fire Protection District, both self-insured and administered by Athens Administrators. After the WCJ issued a decision, a Petition for Reconsideration was filed on November 21, 2024. The Appeals Board found the petition was filed more than 25 days after service of the WCJ's decision, rendering it untimely. Because the statutory time limit is jurisdictional, the Board concluded it lacked authority to act and dismissed the petition. The Board noted that even if timely, it would have denied the petition on the merits for the reasons in the WCJ's report.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.