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PanelDismissed

David Valdez — ADJ8554228

DAVID VALDEZ, Applicant vs. FW SERVICES INC.; ACE AMERICAN INSURANCE COMPANY administered by ESIS, Defendants

ADJ number: ADJ8554228
Decision date: Aug 24, 2021
District office: Redding
WCJ: —
Claim administrator: ESIS (administering for ACE American Insurance Company)
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: left elbow, back, neck, upper extremities, shoulders, psyche, sleep disorder

LC §5909LC §3202LC §5900LC §5903LC §5902CCR §10605CCR §10940CCR §10615CCR §10945CCR §10972

Summary

Applicant David Valdez sustained an industrial injury to his left elbow on July 14, 2012, and the WCJ found 12% permanent disability without apportionment but found no injury AOE/COE to his back, neck, upper extremities, shoulders, psyche, or sleep disorder. Applicant petitioned for reconsideration of the December 18, 2020 F&O, but the petition was filed January 19, 2021—seven days after the 25-day deadline of January 12, 2021. The Board first resolved a Shipley/Section 5909 timing concern, holding that the Board's own failure to act within 60 days (due to internal procedural error) tolled the time to act. However, the Board then dismissed the petition as untimely because the time limit to file a petition for reconsideration is jurisdictional. The Board also dismissed the petition as skeletal for failing to specify supporting evidence and legal principles.

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.

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.