MARVA SMITH, Applicant vs. SOLAR TURBINES, INC.; permissibly self-insured, Defendants
ADJ number
ADJ12010500
Decision date
Jul 2, 2023
District office
San Diego
WCJ
Cliff Levy
Claim administrator
Solar Turbines, Inc. (permissibly self-insured)
Commissioners
—
Injury / body parts: chest, breasts, psyche
LC §5903CCR §10430CCR §10605CCR §10605
Summary
Marva Smith, a previously declared vexatious litigant subject to a pre-filing order under CCR Title 8 section 10430, sought reconsideration of an April 6, 2023 Order Dismissing the Application for Adjudication of Claim (which had been filed by defendant Solar Turbines to obtain WCAB jurisdiction). Smith alleged a 2018 'injury' consisting of fraud in the inducement, spoilage of medical evidence, and psychiatric injury involving her chest and breasts tied to a mammogram allegedly performed during her 1991-1992 employment. The Board declined to accept her conditionally filed correspondence requesting a change of venue (no material change in circumstances on venue), but accepted her Petition for Reconsideration regarding the dismissal. The Board dismissed the Petition as untimely because it was filed on May 3, 2023, the 27th day after service of the April 6, 2023 Order, beyond the 25-day statutory/regulatory limit, and noted it would deny it on the merits in any event. The WCJ's report, adopted by the Board, detailed the applicant's failure to show good cause why the application should not be dismissed and her delusional, meritless accusations.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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