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PanelDismissed

Jaime Gonzalez Bautista — ADJ12810255

JAIME GONZALEZ BAUTISTA, Applicant vs. GOLDEN STATE AG SERVICES, INC.; STAR INSURANCE COMPANY, adjusted by MEADOWBROOK INSURANCE GROUP, Defendants

ADJ number: ADJ12810255
Decision date: Mar 27, 2022
District office: Bakersfield
WCJ: —
Claim administrator: Meadowbrook Insurance Group (adjusting for Star Insurance Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER

LC §5909CCR §10961

Summary

After the WCJ issued Findings, Orders and Award on January 10, 2022, defendant filed a timely Petition for Reconsideration on January 18, 2022. The WCJ then rescinded the Findings, Orders and Award on January 21, 2022 pursuant to WCAB rule 10961, which rendered the petition moot. Although the rescission made a Report unnecessary, the WCJ nonetheless issued a Report and transferred jurisdiction to the Appeals Board, requiring the Board to act. The Board did not act within the 60-day period of Labor Code section 5909, but relying on Shipley, it found its time to act was tolled because the failure to act was the Board's error. The Board ultimately dismissed the petition as moot based on the WCJ's rescission order, and the matter was set for hearing.

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.