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PanelDismissed

Sandra Genovese (Mf) — ADJ9701120, ADJ10123214, ADJ10696420

SANDRA GENOVESE, Applicant vs. DENNY’S, INC.; THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number: ADJ9701120, ADJ10123214, ADJ10696420
Decision date: Jun 19, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Gallagher Bassett Services, Inc. (administering The Hartford Insurance Company of the Midwest)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5900LC §5903LC §5902CCR §10605CCR §10600CCR §10940CCR §10615CCR §10945CCR §10972

Summary

Applicant Sandra Genovese, appearing in pro per, filed a Petition for Reconsideration on April 19, 2022, seeking to challenge a WCAB decision issued on September 2, 2021. The Board dismissed the petition on three independent grounds: it was untimely (filed roughly seven months after the 25-day jurisdictional deadline), skeletal (failing to state grounds with specificity or cite the record), and successive (an improper second attempt to relitigate issues already finally determined). The Board emphasized that the 25-day filing limit is jurisdictional and that it had no authority to consider an untimely petition. The Board noted the proper remedy for challenging the September 2, 2021 decision would have been a petition for writ of review to the Court of Appeal. The petition was dismissed.

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.