WCPanelIQ
PanelDismissed

Alan Livhits — ADJ7959316

ALAN LIVHITS, Applicant vs. DEPENDABLE CARE AMBULANCE INC.; CALIFORNIA INSURANCE COMPANY; administered by APPLIED RISK SERVICES, INC.; SUSSEX INSURANCE COMPANY; administered by INTERCARE HOLDINGS INSURANCE SERVICES, INC.; PRAETORIAN INSURANCE COMPANY; administered by QBE INSURANCE GROUP, Defendants

ADJ number
ADJ7959316
Decision date
Jul 12, 2021
District office
Van Nuys District Office
WCJ
—
Claim administrator
Applied Risk Services, Inc. (Applied Risk Omaha) on behalf of California Insurance Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §59LC §5315LC §5900LC §5903LC §5803LC §5810LC §5911LC §5950LC §5955LC §111LC §116LC §5909CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615CCR §10616CCR §10500

Summary

Defendant California Insurance Company, administered by Applied Risk Omaha, filed a petition for reconsideration on June 28, 2019, challenging the WCAB's March 14, 2019 decision that had dismissed an earlier petition for reconsideration as untimely. The original arbitrator's Findings and Order issued October 6, 2018, and defendant's first petition was filed 26 days later (November 1, 2018), one day beyond the 25-day limit. After the Board dismissed that petition, defendant unsuccessfully sought a writ of review, which the Court of Appeal dismissed on June 6, 2019, as untimely. The Board held it lacked jurisdiction to circumvent the Court of Appeal's order, and that even treating the new petition as one for reconsideration, it was filed 103 days after the March 14, 2019 decision and was therefore untimely. The Board dismissed the petition.

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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