WCPanelIQ
PanelDismissed

Julio Paiz — ADJ2891866

JULIO PAIZ, Applicant vs. SAN RAMON MARRIOTT HOTEL/MARRIOTT INTERNATIONAL, permissibly self-insured, administered by MARRIOTT HOT SPRINGS, Defendants

ADJ number
ADJ2891866
Decision date
May 30, 2022
District office
San Francisco
WCJ
—
Claim administrator
Marriott Hot Springs (administrator for permissibly self-insured Marriott International / San Ramon Marriott Hotel)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: right upper extremity, right hand/middle finger, psyche, internal systems (gastroesophageal reflux disease), non-ulcerative dyspepsia

LC §4553LC §5903LC §5902CCR §10605CCR §10600CCR §10940CCR §10945

Summary

Applicant Julio Paiz, in pro per, sought reconsideration of a WCJ's March 8, 2022 Findings of Fact which held the Appeals Board lacked jurisdiction to award additional permanent partial disability, Labor Code section 4553 increased compensation, or to make findings on alleged Penal Code, Insurance Code, or HIPAA violations, and that applicant failed to meet his burden on fraud, forgery, and denial/delay of treatment allegations. The Findings were served March 8, 2022, but applicant's Petition was not filed until April 22, 2022—45 days after service, well beyond the 25-day deadline (20 days plus 5 for mail service). The Board held the filing deadline is jurisdictional and thus dismissed the Petition. The Board also noted that even if timely, the Petition was unverified, exceeded page limits, and 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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