Applicant Ronald Wilson sustained an industrial low back injury on May 7, 2013, and received a Joint Findings and Award on July 22, 2019, finding 36% permanent disability after apportionment plus future medical care, while a companion cumulative trauma claim was found non-industrial. Rather than filing a timely petition for reconsideration, applicant filed a 'Petition to Reopen for New and Further Disability' on August 13, 2019, alleging worsened condition and need for surgery but never producing any supporting medical evidence. The WCJ found no basis for CCP 473 relief and that the petition to reopen could not function as a petition for reconsideration. On reconsideration, the Appeals Board, in the interest of substantial justice, treated the petition to reopen as a timely petition for reconsideration but found no valid grounds to disturb the award. The Board affirmed both the July 22, 2019 award and the February 14, 2020 Findings and Order, rejecting applicant's arguments under Boganim, CCP 473, WCAB Rule 10974, and Blanchard.
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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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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