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PanelQMELienDismissed

Lizardo, Jesus

JESUS LIZARDO, Applicant vs. HOME CARE ASSISTANCE, LLC; administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ11129122
Decision date: Feb 12, 2024
District office: Salinas
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: low back

LC §5900LC §5903LC §5803LC §5702LC §5952LC §5700CCR §10605CCR §10600CCR §10615CCR §10940CCR §10700CCR §10870CCR §10882

Summary

Applicant Jesus Lizardo, in pro per, sought reconsideration of a July 11, 2019 Findings denying temporary disability and of a September 22, 2020 Stipulations with Request for Award approving a settlement (no TD, 16% PD, future medical). The Board found the petition was untimely as to the July 11, 2019 Findings (filed beyond the jurisdictional 25-day limit). As to the September 22, 2020 Award, the petition could be considered timely because there was no proof of service showing when defendant's attorney served it; however, applicant alleged he was not present at the approval hearing and disputed the circumstances of executing the stipulations. The Board found there was no evidentiary record on the WCJ's inquiry into the adequacy of the Award or on applicant's allegations. The Board vacated its prior grant of reconsideration, dismissed the petition as premature, and directed that on return the WCJ treat the pleading as a petition to set aside and conduct an evidentiary hearing.

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.