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PanelLienDismissed

Morales, Juan

JUAN MORALES, Applicant vs. SA RECYCLING, administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ15769399
Decision date: Sep 29, 2024
District office: Bakersfield
WCJ: —
Claim administrator: CorVel Corporation
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: various body parts, back

LC §5909LC §5900LC §5702LC §5313CCR §10700CCR §10517CCR §10750CCR §10758CCR §10832CCR §10803CCR §10945

Summary

Applicant Juan Morales, a welder who injured various body parts on December 14, 2021, sought reconsideration of an Order Approving a Stipulation and Award entered July 9, 2024, which provided retroactive temporary disability for May 6, 2024 through July 22, 2024 and recited that 'with these two agreements, 104 weeks of temporary disability indemnity are exhausted.' Applicant contended there was no meeting of the minds because, had he known defendant separately resolved EDD's $42,172 lien for only $9,578.67, he would not have stipulated his 104 weeks of TTD were exhausted. The Board found no evidentiary record had been developed and that the WCJ could have treated the petition as one to set aside the Stipulation. The Board dismissed the Petition for Reconsideration as premature and returned the matter to the WCJ to treat it as a petition to set aside and to develop an evidentiary record.

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.