Applicant Armida Hernandez, a housekeeper, sought reconsideration of an August 27, 2021 Joint Findings and Award, arguing the Board should have developed the record by ordering additional QME panels in internal medicine and urology, and that a clerical error had overstated the permanent disability advances ($14,675.60 instead of $10,475.60). The Board found the petition untimely because it was filed in EAMS at 6:31 p.m. on the last day (September 21, 2021), after the 5:00 p.m. cutoff, depriving the Board of jurisdiction to act on it. Nevertheless, the Board granted reconsideration on its own motion under Labor Code section 5900(b) to correct the award. It amended the PD advance figure to $10,475.60 and corrected the attorney fee provisions, but declined to characterize the benefit change as 'clerical,' calling it a substantive change requiring judicial discretion. The Board denied further development of the record, finding applicant failed to exercise due diligence in obtaining medical evidence of an industrial nexus for internal and urological conditions.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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