WCPanelIQ
PanelLienDismissed

Hodgson, Guillermo

GUILLERMO HODGSON, Applicant vs. DIMENSION DEVELOPMENT TWO, LLC., dba COURTYARD BY MARRIOTT; CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10066454
Decision date
Jun 27, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (administering Cypress Insurance Company)
Commissioners
JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: back, shoulders

LC §4603.2LC §5900LC §5903CCR §9792.5.5CCR §9789.22CCR §10600CCR §10605CCR §10615CCR §10940

Summary

Lien claimant Monrovia Memorial Hospital sought reconsideration of an April 12, 2024 Findings and Award in which the WCJ found that applicant Guillermo Hodgson sustained industrial injury to his back and shoulders, that Monrovia's services were reasonable and medically necessary, and that Monrovia (as an exempt long-term care facility) was entitled to $15,884.79 less amounts previously paid, with no penalty or interest owed under Labor Code section 4603.2(b)(2). The WCAB dismissed the Petition for Reconsideration as untimely because it was filed May 13, 2024, more than 25 days after service of the April 12, 2024 decision. The Board emphasized that the time limit is jurisdictional, depriving it of any authority to act on an untimely petition. The Board noted it would have denied the petition on the merits for the reasons stated in the WCJ's Report had it been timely.

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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