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PanelDismissed

Jose Joaquin (Dec) Cuesta Herrada — ADJ11254323

JOSE JOAQUIN CUESTA HERRERA, Applicant vs. SOMBRERO; CORREA MANAGEMENT, INC.; REPUBLIC UNDERWRITERS INSURANCE COMPANY, administered by AMTRUST, Defendants

ADJ number: ADJ11254323
Decision date: Sep 6, 2021
District office: San Bernardino District Office
WCJ: —
Claim administrator: AmTrust (administering Republic Underwriters Insurance Company)
Commissioners: —

LC §5900LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615

Summary

The WCJ issued Findings and Order on June 10, 2021 in this case involving a deceased applicant, Jose Joaquin Cuesta Herrera. Applicant filed a Petition for Reconsideration in two documents on July 9, 2021, which the Board treated as a single petition. Because the decision was served by mail in California, applicant had until July 6, 2021 (25 days plus weekend/holiday extension) to file. As the petition was filed on July 9, 2021, it was untimely and exceeded the jurisdictional deadline. The Board dismissed the petition, noting that even if it had been timely, it would have been denied on the merits for the reasons in the WCJ's report.

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.