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PanelDismissed

Chavez, Pedro

PEDRO CHAVEZ, Applicant vs. WANDA GROUP, INC.; EMPLOYERS PREFERRED INSURANCE COMPANY, administered by EMPLOYERS INSURANCE GROUP, Defendants

ADJ number: ADJ12389829
Decision date: Mar 3, 2024
District office: Santa Ana
WCJ: —
Claim administrator: Employers Insurance Group (administering Employers Preferred Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: back, back muscles, spine, spinal cord, shoulders, scapula, clavicle, knee (patella), nervous system-stress, nervous system-psychiatric/psych

LC §5900LC §5902LC §5903CCR §10550CCR §10832

Summary

Applicant Pedro Chavez claimed a cumulative injury while working as a cook for Wanda Group, Inc. After applicant's failure to prosecute, defendant filed a petition to dismiss under WCAB Rule 10550(d), and the WCJ issued a Notice of Intention (NIT) to dismiss the case on December 19, 2023. Applicant's attorney responded by filing a Petition for Reconsideration on January 2, 2024. The Board held that reconsideration was premature because the NIT was not a final order, and dismissed the petition. The Board returned the matter to the WCJ, recommending the petition be treated as a timely objection to the NIT and that a hearing be set so applicant could present evidence.

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.