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Manuel De Jesus Chavac — ADJ14953769

MANUEL DE JESUS CHAVAC, Applicant vs. 99 CENTS ONLY STORES, LLC; PERMISSIBLY SELF-INSURED, ADMINISTERED BY ATHENS ADMINISTRATORS, Defendants

ADJ number: ADJ14953769
Decision date: Feb 27, 2023
District office: Long Beach
WCJ: —
Claim administrator: Athens Administrators (administrator for 99 Cents Only Stores, LLC, permissibly self-insured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: various body parts

LC §4060LC §4061LC §4062LC §4062.2LC §5904CCR §30CCR §10955

Summary

Applicant Manuel de Jesus Chavac sought reconsideration of a WCJ's F&O finding QME Panel number 7480460 valid. Defendant had denied the claim AOE/COE in its Answer and procured the panel under Labor Code section 4060, attaching its March 10, 2022 denial letter to its panel request, but never served that denial letter on applicant's attorney. The Board held that while the Answer was properly served, neither it nor the panel packet satisfied the requirements of section 4062.2(b) because the denial letter that triggered the panel was not served on applicant's counsel, depriving applicant of a meaningful opportunity to object. The Board granted reconsideration (analyzed under the removal standard for the interlocutory issue), found Panel number 7480460 invalid, struck it, and ordered the parties to proceed with Panel number 7483530.

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.