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PanelDismissed

Wies, John

JOHN WIES, Applicant vs. STATE OF CALIFORNIA, Legally Uninsured, Defendant

ADJ number: ADJ11101301
Decision date: Nov 11, 2024
District office: Marina Del Rey
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: —

Injury / body parts: Parkinson's Disease, neurological system

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

Summary

Applicant John Wies sought reconsideration of the Appeals Board's June 24, 2024 Decision After Reconsideration, which rescinded a WCJ's Findings & Award finding that he sustained industrial injury in the form of Parkinson's Disease during a cumulative period ending November 10, 2017 while working as an auto tech/mechanic, and returned the matter for further development of the record. Applicant argued the Board lacked jurisdiction to issue the June 24 decision and was wrong on the merits regarding industrial causation. The Board, however, dismissed the petition on procedural grounds, finding it was untimely filed. The decision was served by email on June 24, 2024, and the 20-day period plus 5-day mail extension expired on Friday, July 19, 2024, but the petition was not received until Monday, July 22, 2024. Because the timeliness requirements of Labor Code sections 5900 and 5903 are jurisdictional, the Board dismissed the petition.

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.

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.

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.