WCPanelIQ
PanelQMEDismissed

Marisol Resendiz — ADJ12288626

MARISOL RESENDIZ, Applicant vs. LA CORNETA, INC.; EMPLOYERS ASSURANCE COMPANY, Defendants

ADJ number
ADJ12288626
Decision date
Aug 12, 2021
District office
San Jose
WCJ
Norma L. Acosta
Claim administrator
Employers Assurance Company
Commissioners
—

Injury / body parts: low back, spine

LC §3600LC §3351LC §5705LC §5803LC §5903LC §5407.5LC §4551LC §3202LC §5707.5CCR §10848CCR §10964CCR §10966CCR §10525

Summary

Applicant Marisol Resendiz, a food handler, fell descending stairs while returning from a bathroom break, injuring her low back and spine. The WCJ found the injury AOE/COE and not barred by horseplay, self-infliction, or willful misconduct. The WCJ originally issued a Findings and Award on May 26, 2021, then rescinded it on May 28, 2021 to consider defendant's procedural objection, and issued a new Findings and Award on June 14, 2021. Defendant filed a Petition for Reconsideration on June 14, 2021 challenging the already-rescinded (void) May 26 decision, but never filed a new petition challenging the June 14 decision within the statutory 20-day window. The Board dismissed the petition as moot, holding the rescission was a judicial function that triggered a new 20-day filing period under section 5903. The Board added it would have denied the petition on the merits because defendant failed to rebut the AOE/COE presumption or establish any affirmative defense.

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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