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PanelGranted

Fasolleti, Thomas

THOMAS FASOLETTI, Applicant vs. CALIFORNIA DEPARTMENT OF TRANSPORTATION, legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ16808767
Decision date: Date unavailable
District office: Sacramento
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: back, lumbar spine

LC §5803LC §5804LC §5702LC §5313CCR §10700CCR §10803CCR §10670CCR §10759CCR §10787

Summary

Applicant, an electrician for CalTrans, filed two claims: a specific back injury (ADJ16808767, DOI 5/29/2020) and a cumulative back injury (ADJ17438570, DOI 5/29/2019-5/29/2020). On July 25, 2023, the WCJ approved a Stipulations with Request for Award in the specific injury case and dismissed the cumulative injury case as duplicative. Applicant, in pro per after dismissing his attorney, sought reconsideration arguing he did not understand the hearing was to settle his claim (the notice listed him as deceased), that his attorney settled without consulting him, and that his attorney was unresponsive. The Board granted reconsideration, finding the record insufficient to establish mutual consent and whether a valid contract was formed, noting the stipulations conflated the two cases and the dismissal order was partially illegible. The Board rescinded both the Award and the dismissal Order and returned the matter to the WCJ for further proceedings.

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.