WCPanelIQ
PanelQMEMed-legalDenied

Bonnie Bentley — ADJ4641802, ADJ1524475

BONNIE BENTLEY, Applicant vs. SORA MANAGEMENT, INC.; CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LEGION INSURANCE, in liquidation, Defendants

ADJ number
ADJ4641802, ADJ1524475
Decision date
Mar 13, 2022
District office
Riverside
WCJ
Robert B. Hill
Claim administrator
California Insurance Guarantee Association (CIGA) for Legion Insurance, in liquidation
Commissioners
—

Injury / body parts: lumbar spine, left upper extremity, psyche, left shoulder, left knee, cervical spine/neck, left thumb, head (post-traumatic head syndrome), cognitive disorders

LC §4062.1LC §4062.3LC §4065LC §5313LC §5700LC §5701LC §5900LC §5903CCR §36.5CCR §10346CCR §10608CCR §10628CCR §10629CCR §10632CCR §10633CCR §10760CCR §10964

Summary

Applicant Bonnie Bentley, in pro per, filed a Petition for Reconsideration challenging the WCJ's November 16, 2021 Joint Findings and Awards that found 28% and 23% permanent disability for two consolidated 2001 injuries. The central procedural issue addressed by the Board was timeliness, with the WCJ deferring to the Board after the decision was improperly served only on defendant, who was designated to serve the other parties. The Board found that designating a party to serve a final decision violates WCAB Rule 10628(a), even under the COVID-19 En Banc order (Misc. No. 260), which only suspended the regular-mail service requirement and authorized electronic service by the WCAB. Because service was defective, the Board deemed the January 12, 2022 petition timely. The Board nonetheless denied reconsideration on the merits, adopting and incorporating the WCJ's Report and Recommendation.

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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