Tucker, Percy

Percy Tucker filed a workers' compensation claim against the City of Pasadena (permissibly self-insured, administered by AdminSure) for orthopedic injuries. After the WCAB issued a March 29, 2021 Decision after Reconsideration finding a section 5412 date of injury of February 14, 2019 (the date applicant filed his claim) and rejecting the statute of limitations defense, the WCJ issued a Findings of Fact & Award on March 30, 2021. Defendant petitioned for reconsideration, arguing the F&A was premature because the 45-day writ-of-review period under section 5950 had not expired, and that there was no substantial evidence the claim was not barred by the statute of limitations under section 5405. The Board denied reconsideration, holding there is no stay of proceedings while a writ is pending (section 5956) and that defendant merely reasserted identical arguments already rejected. The Board noted it could have dismissed the petition as impermissibly successive.