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Theresa Thomas — ADJ10713815

THERESA THOMAS, Applicant vs. VOLT INFORMATION SCIENCES, INC.; GALLAGHER BASSET SERVICES, INC., Defendants

ADJ number
ADJ10713815
Decision date
Apr 17, 2022
District office
Santa Rosa
WCJ
Peter H. Hink
Claim administrator
Gallagher Bassett Services, Inc.
Commissioners
—

Injury / body parts: cervical spine, bilateral wrists

LC §5900LC §5903LC §4610CCR §10605

Summary

Applicant Theresa Thomas filed a Petition for Reconsideration challenging the January 18, 2022 Amended Joint Findings and Award concerning a specific cervical spine injury, attaching newly discovered imaging and a surgical recommendation from Dr. Aaron John Clark dated October 5, 2021. The WCJ recommended denial as untimely because the petition was filed one day after the 26-day deadline. The Board, however, found the petition timely, reasoning that WCAB Rule 10605's 10-day extension for out-of-state service applies to all parties when any party is served outside California (here, the defendant). The Board granted reconsideration, rescinded the WCJ's decision, and remanded for further proceedings to develop the medical record regarding whether the new evidence affects the QME's impairment opinions.

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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