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PanelLienGranted

Veronica Lucatero — ADJ9891503

VERONICA LUCATERO, Applicant vs. FAIRWAY STAFFING SERVICES; TRAVELERS, Defendants

ADJ number: ADJ9891503
Decision date: May 26, 2021
District office: Long Beach
WCJ: Mary Anne Thompson
Claim administrator: Travelers
Commissioners: —

Injury / body parts: various body parts (cumulative trauma)

LC §5909CCR §10582.5CCR §10888

Summary

Lien claimant Precise Interpreting petitioned for reconsideration of a November 2020 WCJ order dismissing its interpreting lien with prejudice for failure to prosecute under former Rule 10582.5. The petition was timely filed on November 17, 2020, but the Appeals Board failed to act within the 60-day statutory period under Labor Code section 5909 due to a procedural error. Relying on Shipley v. WCAB, the Board held its time to act was tolled and that the system's inadequacies should not burden the party. On the merits, the WCJ's adopted report noted that Rule 10582.5 had been repealed effective January 1, 2020, and that Rule 10888 dismissal authority was suspended by Misc. No. 260 (In re: Covid 19 State of Emergency). The Board granted reconsideration, rescinded the Order Dismissing Lien, and returned the matter to the trial level for further proceedings.

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.