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PanelQMEMed-legalDismissed

Soto, Bladimir

BLADIMIR SOTO, Applicant vs. TUTOR PERINI; ZURICH NORTH AMERICA, Defendants

ADJ number: ADJ12401308
Decision date: Sep 10, 2023
District office: Pomona District Office
WCJ: —
Claim administrator: Zurich North America
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

Injury / body parts: gastrointestinal system, back, leg, abdomen

LC §5900LC §5903LC §5804LC §5803LC §5410LC §3202LC §5805LC §5701LC §5906CCR §10605CCR §10600CCR §10940CCR §10615CCR §10803

Summary

Applicant Bladimir Soto, in pro per, sought reconsideration of an October 11, 2021 Findings and Order in which the WCJ found he failed to prove industrial injury to his gastrointestinal system, back, or leg (a puncture wound to the abdomen was accepted AOE/COE). The petition was filed on July 12, 2023, far beyond the 25-day jurisdictional period for filing a petition for reconsideration. The Appeals Board held that because the time limit is jurisdictional, it had no authority to consider the untimely petition. However, applying liberal construction principles, the Board directed that the petition be treated at the trial level as a timely petition to reopen under Labor Code sections 5410, 5803, and 5804. The Board dismissed the petition for reconsideration but instructed the WCJ to consider whether further development of the record was needed.

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.