WCPanelIQ
PanelQMELienDismissed

Baltazar, Jose

JOSE BALTAZAR, Applicant vs. QUAD GRAPHICS, INC.; TRAVELERS PROPERTY CASUALTY COMPANY, Defendants

ADJ number
ADJ9193173
Decision date
Sep 22, 2024
District office
Los Angeles
WCJ
Diane E. Phillips
Claim administrator
Travelers Property Casualty Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

Injury / body parts: neck, back, knees, hypertension/hypertensive cardiovascular disease, headaches, sense of smell, upper respiratory (allergic rhinitis), legs (claimed peripheral neuropathy), brain (claimed seizure disorder/epilepsy), psyche (claimed)

LC §5909LC §5900LC §5903LC §5902LC §5803CCR §10600CCR §10605CCR §10940CCR §10615CCR §10945CCR §10972CCR §10986

Summary

Pro per applicant Jose Baltazar filed a Petition for Reconsideration on July 17, 2024, challenging a WCJ's April 16, 2024 Findings of Fact, Award and Order finding industrial injury to multiple body parts but denying injury to legs, brain (seizure/epilepsy), and psyche, and rejecting a catastrophic-injury claim. The Petition was filed roughly three months after the decision was served, well beyond the 25-day jurisdictional deadline. The Appeals Board dismissed the Petition as untimely, finding the time limit jurisdictional and not subject to extension, and also noted the petition was skeletal and failed to cite the record with specificity. In a separate companion order, the Board corrected a clerical error in the Award changing the permanent disability indemnity rate from $120.00 to the correct $230.00 per week under Labor Code section 5803.

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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