WCPanelIQ
PanelLienDismissed

Ma Del Carmen Gutierrez — ADJ11320330

MA DEL CARMEN GUTIERREZ, Applicant vs. PACIFIC PAPER TUBE, INC.; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, Defendants

ADJ number
ADJ11320330
Decision date
Jun 14, 2021
District office
San Francisco
WCJ
—
Claim administrator
Travelers Property Casualty Company of America
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5900LC §5903LC §5902CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615CCR §10450CCR §10510

Summary

Lien claimant Northern California Occupational Clinic submitted correspondence dated April 17, 2021, requesting reconsideration of the WCJ's March 17, 2021 Order Dismissing its lien, which the Board treated as a Petition for Reconsideration. The WCJ had served the dismissal order by email, the lien claimant's designated preferred method in EAMS, giving the claimant until April 12, 2021 to timely seek reconsideration. The petition, filed April 19, 2021, was untimely and also unverified as required by Labor Code section 5902, with the claimant failing to cure the verification defect after notice in the WCJ's report. The Board found the time limit jurisdictional, depriving it of authority to act, and additionally found no basis for relief under Code of Civil Procedure section 473. The petition was dismissed.

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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