Applicant Ernesto Montes, a trucker, brought a cumulative trauma claim and a specific hernia claim against Lily Transportation Corp. (insured by Ace American, administered by CBCS). After trial on a documentary record including PQME reports in four specialties, deposition transcripts, and sub rosa surveillance, the WCJ awarded 62% PD in the CT claim and 18% PD in the specific hernia claim. Defendant filed a Petition for Reconsideration on June 21, 2024, more than 25 days after service of the May 22, 2024 decision. The Appeals Board dismissed the Petition as untimely and jurisdictionally barred, noting it would have denied it on the merits, and admonished defendant and its counsel for bringing a meritless petition that bordered on frivolous and failed to make specific references to the record under WCAB Rule 10945(b).
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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