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PanelDismissed

Rodney Espana — ADJ6840792

RODNEY ESPANA, Applicant vs. HEALTH NET, INC.; ARCH INSURANCE, adjusted by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number: ADJ6840792
Decision date: Feb 10, 2022
District office: Van Nuys
WCJ: —
Claim administrator: Sedgwick Claims Management Services (adjusting for Arch Insurance)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §5903LC §5902LC §5905CCR §10605CCR §10600CCR §10940CCR §10615CCR §10510CCR §10625CCR §10974

Summary

Applicant Rodney Espana filed a Petition for Reconsideration challenging the WCJ's Findings and Order issued November 26, 2013. The petition was not filed until June 15, 2021, far beyond the 25-day statutory deadline. The Board first addressed why it could act despite Labor Code section 5909's 60-day deemed-denial provision, applying Shipley to toll the time due to the Board's own administrative error. On the merits of procedure, the Board found the petition was untimely, unverified, and filed without proof of service on adverse parties. The Board also noted it would deny on the merits for failure to comply with WCAB Rule 10974 governing newly discovered evidence. 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.