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PanelDismissed

Sioco, Nashaa

NASHAA SIOCO, Applicant vs. AMAZON.COM, INC.; AMERICAN ZURICH, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ11986956
Decision date: Jun 8, 2023
District office: Riverside
WCJ: —
Claim administrator: Sedgwick Claims Management Services (administering American Zurich)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

Injury / body parts: shoulder, neck, back

LC §5909LC §5803LC §5804CCR §10700CCR §10803

Summary

Applicant Nashaa Sioco, in pro per, sought reconsideration of an Order Approving Compromise and Release (OACR) issued March 6, 2019, that settled her industrial injury claim for $8,300.00, arguing she remains injured and is entitled to more compensation. The Appeals Board first addressed the late timing of its action under Labor Code section 5909, applying Shipley to find its time to act was tolled because it failed to act within 60 days through no fault of the parties. The Board treated the petition for reconsideration as a petition to set aside the OACR under sections 5803 and 5804, noting the OACR may be reopened for good cause within five years of injury. Because the C&R was approved via a walk-through with no hearing, there was no record (no Minutes of Hearing or Summary of Evidence) for the Board to review. The Board dismissed the petition as premature and returned the matter to the trial level for the WCJ to set a hearing and create a complete 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.