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PanelGranted

Gaitan, Patricia

PATRICIA GAITAN, Applicant vs. ST. JOSEPH’S MEDICAL CENTER OF STOCKTON, permissibly self-insured, as adjusted by SEDGWICK; Defendants

ADJ number: ADJ13430791
Decision date: Date unavailable
District office: Stockton
WCJ: —
Claim administrator: Sedgwick (for St. Joseph's Medical Center of Stockton, permissibly self-insured)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5702LC §5900LC §5903CCR §10507CCR §10508CCR §10845CCR §10392CCR §10700

Summary

Applicant Patricia Gaitan and defendant St. Joseph's Medical Center of Stockton (permissibly self-insured, administered by Sedgwick) entered into Stipulations with Request for Award on January 9, 2023, identifying applicant as a technician employed by St. Joseph's. On January 11, 2023, the WCJ approved the Stipulations but the Award erroneously also named 'E.M. Pizza, Inc.' as a defendant, an entity never mentioned in the Stipulations. Defendant promptly sought correction and ultimately filed a Petition for Reconsideration. Although the petition appeared late, the Board found service of the Award was defective because the WCJ failed to serve applicant, making the petition timely. The Board concluded the inclusion of E.M. Pizza, Inc. was a clerical error, rescinded the Award, and returned the matter to the WCJ to issue a new Award conforming to the Stipulations.

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.