PanelDismissed
Bigonah, Shahrooz
SHAHROOZ BIGONAH, Applicant vs. STATE OF CALIFORNIA IHSS, legally uninsured, administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC., Defendants
- ADJ number
- ADJ11722162
- Decision date
- Oct 13, 2024
- District office
- Van Nuys
- WCJ
- Adam D. Graff
- Claim administrator
- Intercare Holdings Insurance Services, Inc.
- Commissioners
- KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER
Injury / body parts: neck, bilateral shoulders, back, right arm, bilateral hands, bilateral feet, sinuses, arthritis, bilateral wrists, bilateral legs, nervous system, psyche
LC §5909LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615
Summary
Applicant Shahrooz Bigonah, a State of California IHSS employee, sought reconsideration of an April 9, 2024 Joint Findings and Order in which the WCJ issued a take-nothing after finding applicant failed to meet his burden of proof establishing a specific April 5, 2018 injury and a cumulative trauma through July 24, 2018. Applicant's first Petition for Reconsideration was dismissed on July 1, 2024 for being skeletal, failing to state grounds, and failing to cite the record with specificity. Applicant then filed a second Petition (filed August 12-13, 2024) challenging both the July 1, 2024 dismissal and the underlying April 9, 2024 F&O. The Appeals Board dismissed the second Petition as untimely (filed beyond the 25-day deadline running from the July 1, 2024 Opinion), and additionally as successive, duplicative, and skeletal. The Board also addressed the amended Labor Code section 5909 and confirmed it timely acted on the petition within 60 days of the August 15, 2024 transmission.
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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