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PanelDismissed

Jenna McCombie — ADJ10336948, ADJ10597290, ADJ10354411

JENNA MCCOMBIE, Applicant vs. REA-2003-1, LLC, A DELAWARE LIMITED LIABILITY COMPANY, dba SADDLE RANCH CHOP HOUSE; EMPLOYERS COMPENSATION INSURANCE COMPANY, Defendants

ADJ number: ADJ10336948, ADJ10597290, ADJ10354411
Decision date: Aug 29, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Employers Compensation Insurance Company
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, ANNE SCHMITZ, DEPUTY COMMISSIONER

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

Summary

Applicant Jenna McCombie, in pro per, filed two documents styled as 'WCAB Commissioner Clarification' requests, which the Board treated as Petitions for Reconsideration. The first, filed July 1, 2022, challenged the Board's April 21, 2022 Opinion on Decision After Reconsideration; the second, filed August 1, 2022, challenged the Board's July 18, 2022 dismissal order. The Board dismissed the July 1, 2022 petition as untimely because applicant had only until May 16, 2022 to seek reconsideration of the April 21, 2022 decision, and the 25-day limit is jurisdictional. The Board dismissed the August 1, 2022 petition as an improper successive petition by a party who had not prevailed and was not newly aggrieved. The Board advised that the proper avenue to challenge a final decision is a petition for writ of review to the Court of Appeal.

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.