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PanelDismissed

Hernandez, Maria

MARIA HERNANDEZ, Applicant vs. TARGET CORPORATION, permissibly self-insured and administered by SEDGWICK, Defendants

ADJ number: ADJ17765957
Decision date: Date unavailable
District office: Oakland
WCJ: Alison Howell
Claim administrator: Sedgwick (administering for Target Corporation, permissibly self-insured)
Commissioners: —

Injury / body parts: shoulder

LC §5803LC §5702LC §5313

Summary

Maria Hernandez, an unrepresented Spanish-speaking applicant, signed Stipulations with Request for Award that defendant filed on June 1, 2023, which the WCJ approved that same day. Rather than filing a Petition to Set Aside the Settlement, applicant filed a Petition for Reconsideration arguing she could not read or understand the English-language settlement and referencing a separate injury claim (ADJ17747468) not part of the stipulations. The WCJ recommended dismissal because no hearing had been held and no evidence or testimony had been admitted regarding her claims, making the matter premature for reconsideration. The WCAB adopted and incorporated the WCJ's report and dismissed the Petition for Reconsideration. The matter was directed back to the district office to treat the petition as one to set aside the stipulations and to develop the record.

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.