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PanelDismissed

Miguel Alvarado — ADJ12791863, ADJ12791935, ADJ13269529

MIGUEL ALVARADO, Applicant vs. PIERRE LAFOND & COMPANY; CYPRESS INSURANCE COMPANY, care of BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ12791863, ADJ12791935, ADJ13269529
Decision date: Aug 9, 2021
District office: Santa Barbara
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering for Cypress Insurance Company)
Commissioners: —

LC §5909

Summary

Defendant Cypress Insurance Company, through Berkshire Hathaway Homestate Companies, filed a Petition for Reconsideration of an April 1, 2021 decision. The petition was timely filed on April 23, 2021, but did not come to the Appeals Board's attention until after the 60-day statutory period under Labor Code section 5909 had expired. The petitioner subsequently withdrew the Petition for Reconsideration. The Board addressed the timeliness issue by holding that the 60-day period begins to run no earlier than its actual notice of the petition, which occurred on August 9, 2021. Because the petition was withdrawn, the Board dismissed it.

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.