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PanelQMEMed-legalLienDenied

Gonzales, Michael

MICHAEL GONZALES, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS & REHABILITATION, CORCORAN STATE PRISON, lawfully uninsured; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ1848184
Decision date: Jul 31, 2023
District office: Bakersfield
WCJ: Robert K. Norton
Claim administrator: State Compensation Insurance Fund
Commissioners: —

Injury / body parts: lumbar spine, left knee, left ankle, psyche (alleged PTSD)

LC §5410LC §132aLC §5903LC §5409LC §5405LC §5502LC §4656LC §4661.5LC §3715CCR §10330CCR §10510CCR §10515CCR §10625CCR §10205.5CCR §10974CCR §10500CCR §10629

Summary

Michael Gonzales, a correctional officer at Corcoran State Prison, sustained a specific lumbar spine injury on August 6, 2003 and alleged two cumulative trauma injuries. His specific injury claim was resolved by a 7% PPD Stipulated Award in December 2004 based on QME Dr. Carol Hamilton's reports. After a timely first petition to reopen was withdrawn/dismissed in February 2012, Gonzales waited nearly ten years before filing a second petition to reopen, a Labor Code 132a discrimination petition, and motions for relief from prior dismissals, all of which the WCJ denied as untimely. The WCAB denied reconsideration, adopting the WCJ's report and finding it lacked jurisdiction because the new and further disability petition was filed well beyond five years from the date of injury (Lab. Code 5410) and the 132a petition was filed beyond one year from the discriminatory act/termination (Lab. Code 132a).

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.