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PanelQMEMed-legalGranted in Part

Oreallana, Bernardina

BERNARDINA ORELLANA, Applicant vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ7665104
Decision date: Feb 1, 2024
District office: Santa Barbara
WCJ: —
Claim administrator: Subsequent Injuries Benefits Trust Fund
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: right ankle

LC §4751CCR §10964

Summary

Applicant Bernardina Orellana sought reconsideration of a February 2, 2024 Findings and Order that found her SIBTF claim untimely. Orellana sustained a specific industrial injury on April 29, 2010, was found permanent and stationary on April 29, 2011, and her prior injuries were delineated in an August 1, 2011 report by AME Dr. Gross. She settled her underlying claims via C&R (OACR February 4, 2015) and did not file her SIBTF claim until April 23, 2019, approximately nine years after injury. The Board applied the Talcott/Baca line of Supreme Court authority and concluded that by the time of Dr. Gross's August 1, 2011 report, applicant was in a position to evaluate her SIBTF eligibility well within the five-year period. The Board granted reconsideration solely to amend Finding no. 4 to clarify that no statute of limitations governs SIBTF claims (the limitation period being governed by case law), but otherwise affirmed that the claim was untimely.

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.