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PanelDismissed

Arevalo Navarro, Jhonny Arturo

JHONNY ARTURO AREVALO NAVARRO, Applicant vs. SANTA ANA CORPORATION FITNESS, INC. dba GOLDS GYM; THE HARTFORD, Defendants

ADJ number: ADJ10199818
Decision date: Sep 11, 2023
District office: Pomona
WCJ: —
Claim administrator: The Hartford
Commissioners: NATALIE PALUGYAI, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

LC §5900LC §5902LC §5903CCR §10605CCR §10510CCR §10615

Summary

Applicant Jhonny Arturo Arevalo Navarro, appearing pro per, filed a Petition for Reconsideration on June 24, 2023 attempting to demonstrate that his earlier April 11, 2023 petition (already dismissed as untimely on June 12, 2023) was timely. The WCAB found the instant June 24, 2023 petition itself untimely, as it was date-stamped received July 14, 2023, two days past the July 12, 2023 jurisdictional deadline (20 days plus 10 days for defendant's out-of-state service). The petition was also unverified despite notice of that defect in the WCJ's report, and the defect was never cured. Even reaching the merits, the Board found applicant's USPS tracking receipt (February 22/24, 2023) failed to establish a timely filing of the original petition because filing occurs upon receipt by the district office, which was April 11, 2023, well after the February 8, 2023 deadline. The Board dismissed the petition.

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.

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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.