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PanelDismissed

James Vessels — ADJ6672465, ADJ11997989, ADJ3372314, ADJ2534190, ADJ470082

JAMES VESSELS, Applicant vs. CRUZ MODULAR, INC.; LABOR READY; ENSTAR US; ESIS, Defendants

ADJ number: ADJ6672465, ADJ11997989, ADJ3372314, ADJ2534190, ADJ470082
Decision date: Dec 22, 2022
District office: Los Angeles
WCJ: —
Claim administrator: ESIS
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER

LC §5900LC §5903LC §5803LC §5804LC §5410CCR §10964CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Applicant James Vessels filed a Petition for Reconsideration challenging the WCJ's Joint Findings and Order issued September 6, 2022. The Board accepted applicant's supplemental pleadings under CCR section 10964 but found the petition was untimely. The petition was due by October 3, 2022 (25 days plus the next business day after a weekend), but was not filed until October 24, 2022. Because the time limit for reconsideration is jurisdictional, the Board had no authority to act on the late petition and dismissed it. The Board added a clarification that even if timely, it would have denied the petition on the merits, noting the distinction between its continuing enforcement authority under section 5803 and the five-year limit on jurisdiction to alter or amend an award under sections 5804 and 5410.

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.