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PanelDismissed

Maria Orozco — ADJ6852132, ADJ9545361

MARIA OROZCO, Applicant vs. SCARBROUGH MANAGEMENT CORPORATION and AMERICAN CASUALTY COMPANY, adjusted by CNA CLAIMS PLUS, and FRESNO UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendants

ADJ number: ADJ6852132, ADJ9545361
Decision date: Dec 21, 2022
District office: Fresno District Office
WCJ: —
Claim administrator: CNA Claims Plus (TPA for American Casualty Company); Fresno Unified School District, permissibly self-insured
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Applicant Maria Orozco filed a Petition for Reconsideration challenging a WCJ's September 22, 2022 decision. The Appeals Board reviewed the petition and determined it was filed on October 24, 2022, more than 25 days after service of the decision by mail. Because the 25-day statutory time limit to file for reconsideration is jurisdictional, the Board found it had no authority to consider the untimely petition. The Board dismissed the petition, noting that even if it had been timely, it would have been denied on the merits for the reasons stated in the WCJ's report.

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.