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Jose Barba — ADJ14819466

JOSE BARBA, Applicant vs. LA VENADITA MEAT MARKET, INC.; AMGUARD INSURANCE COMPANY, adjusted by BERKSHIRE HATHAWAY HOMESTATE COMPANIES/GUARD INSURANCE COMPANIES, Defendants

ADJ number: ADJ14819466
Decision date: Oct 5, 2022
District office: Los Angeles
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies/Guard Insurance Companies (adjusting for AmGuard Insurance Company)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: right index finger

LC §4062.2LC §5307.3LC §5904CCR §30CCR §10605CCR §10955

Summary

Applicant Jose Barba sustained an admitted industrial injury to his right index finger on May 22, 2021. After a QME panel was issued and served on September 21, 2021, applicant struck one physician and defendant struck another (Joel Bird) on October 4, 2021. Applicant challenged defendant's strike as untimely, arguing the 10-day strike period under Labor Code section 4062.2(c) runs from assignment of the panel rather than service. The WCJ found defendant's strike timely, applying both the service-based trigger and the five-day mailbox extension under CCR 10605. The Appeals Board, treating the petition under the removal standard because applicant challenged only an interlocutory issue, affirmed the Findings and Award.

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.