WCPanelIQ
PanelDismissed

Natalie Padilla — ADJ6984914

NATALIE PADILLA, Applicant vs. J. DAIMLER CHRYSLER CORPORATION; LIBERTY MUTUAL INSURANCE COMPANY, Defendants

ADJ number
ADJ6984914
Decision date
May 16, 2021
District office
Stockton
WCJ
—
Claim administrator
Liberty Mutual Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5902LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615CCR §10842CCR §10945CCR §10846CCR §10972

Summary

After previously granting reconsideration to study the matter, the Appeals Board vacated its grant and dismissed applicant Natalie Padilla's Petition for Reconsideration as both untimely and skeletal. The WCJ issued the Findings of Fact and Orders on January 29, 2021, giving applicant until February 23, 2021 to seek reconsideration, but the petition was not filed until March 3, 2021. The Board emphasized that the 25-day time limit is jurisdictional, depriving it of authority to act on an untimely petition. Additionally, the petition failed to set forth specific grounds or cite to the record as required by Labor Code section 5902 and WCAB Rules. 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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