WCPanelIQ
PanelDismissed

Sandra Genovese — ADJ970112, ADJ10123214, ADJ10696420

SANDRA GENOVESE, Applicant vs. DENNY’S INC.; THE HARTFORD INSURANCE COMPANY OF THE MIDWEST, administered by GALLAGHER BASSETT SERVICES, INC., Defendants

ADJ number
ADJ970112, ADJ10123214, ADJ10696420
Decision date
Sep 1, 2021
District office
Van Nuys
WCJ
David Brotman
Claim administrator
Gallagher Bassett Services, Inc. (administering for The Hartford Insurance Company of the Midwest)
Commissioners
—
LC §5902LC §5311LC §5702LC §5705LC §3202.5CCR §10945CCR §10972CCR §10960CCR §10842CCR §10846CCR §10452CCR §10205.12

Summary

Applicant Sandra Genovese, in pro per, filed a Petition for Reconsideration of the June 22, 2021 Joint Findings of Fact and Orders that denied her motions to set aside a Third-Party Compromise and Release (dated January 18, 2018) and a Stipulation & Order (dated December 17, 2018), finding she failed to meet her burden of proving duress. She also sought to disqualify the WCJ. The Appeals Board dismissed the petition as skeletal because it failed to state grounds for reconsideration or cite specifically to the record, in violation of Labor Code section 5902 and WCAB Rules 10945 and 10972. The Board also denied the disqualification request because the only alleged basis for bias was that the ruling went against applicant, which is legally insufficient. The Board admonished applicant for filing an over-length petition with improperly attached documents and warned of potential future sanctions.

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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