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PanelDismissed

Vasquez, Jose

JOSE VASQUEZ, Applicant vs. DALEY’S DRYWALL AND TAPING, INC., permissibly self-insured, CALIFORNIA CONTRACTORS NETWORK, administered by ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ9547761
Decision date: May 5, 2024
District office: Oakland
WCJ: —
Claim administrator: Athens Administrators (administering California Contractors Network for permissibly self-insured Daley's Drywall and Taping, Inc.)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: left knee, low back, left shoulder, stomach

LC §5902CCR §10205.8CCR §10410CCR §10564CCR §10945CCR §10972

Summary

Jose Vasquez, in pro per, filed a handwritten Petition for Reconsideration in Spanish that was skeletal, partially cut off in EAMS scanning, and not served on defense counsel. The WCAB criticized the WCJ for recommending dismissal without first attempting corrective measures to rescan the petition under Rule 10205.8, obtain a translation under Rule 10564, and serve defense counsel. After an I&A Officer uploaded a complete rescanned version (which the Board accepted as a substitute) and the Board reviewed a translation of the applicant's contentions, the Board determined the petition was still skeletal and failed to state grounds for reconsideration or cite to the record. The Board further found applicant was not aggrieved and that it would affirm the WCJ's February 16, 2024 Findings, Award and Order on the merits. The petition was dismissed.

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.