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McKinley, Sharon

SHARON MCKINLEY, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured; STATE COMPENSATION INSURANCE FUND, STATE CONTRACTS ADJUSTING AGENCY, Defendants

ADJ number
ADJ8439665
Decision date
Date unavailable
District office
Riverside
WCJ
Sharon Renzi
Claim administrator
State Compensation Insurance Fund / State Contracts Adjusting Agency
Commissioners
—

Injury / body parts: brain/neurological system, cognitive, psyche, vestibular/ear/vertigo, speech, sleep, neck, thoracic spine, lumbar spine, shoulders, elbows, hands, hips, knees, feet, immune system

LC §5909CCR §10945

Summary

Applicant Sharon McKinley, a correctional officer, filed a Petition for Reconsideration in pro per challenging an April 25, 2023 Joint Findings and Award that found a compensable industrial injury resulting in 62 percent permanent disability to her brain/neurological system/cognitive, psyche, vestibular/ear/vertigo, speech and sleep, but denied injury to numerous orthopedic body parts. The Board first addressed the timeliness of its own action, finding its time to act on the petition was tolled under Shipley because the Appeals Board failed to act within 60 days through no fault of the parties. On the merits, the Board found the petition failed to make specific citations to the record as required by WCAB Rule 10945(b). The Board denied the petition, noting it would alternatively have denied it on the merits for the reasons stated in the WCJ's report, which it adopted and incorporated.

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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