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PanelDismissed

Brazil, Sherry

SHERRY BRAZIL, Applicant vs. SAN MATEO COUNTY TRANSIT DISTRICT, PERMISSIBLY SELF-INSURED, ADMINISTERED BY THE CITIES GROUP, Defendants

ADJ number: ADJ6831983
Decision date: Jun 15, 2023
District office: San Francisco
WCJ: —
Claim administrator: The Cities Group (administering for San Mateo County Transit District, permissibly self-insured)
Commissioners: ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §5950

Summary

Applicant Sherry Brazil sought reconsideration of the Board's April 11, 2023 Opinion and Order, which had rescinded and reissued the Board's December 14, 2022 decision after finding that service had not been fully effectuated, raising due process concerns. Applicant argued the Board erred because defendant's petition for reconsideration was untimely and successive. However, on April 7, 2023, defendant had filed a Petition for Writ of Review with the California Court of Appeal under Labor Code section 5950, raising the timeliness issue based on incomplete service of the December 14, 2022 decision. The Board deferred to the Court of Appeal on the timeliness question and found that applicant's Petition for Reconsideration had been rendered moot by defendant's pending writ petition. The Board accordingly dismissed applicant's petition.

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.