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PanelDismissed

Jose Almaguer — ADJ10107712

JOSE ALMAGUER, Applicant vs. VALLEY PRODUCE MARKET PLACE; EMPLOYERS COMPENSATION INSURANCE COMPANY, INC., adjusted by BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number: ADJ10107712
Decision date: May 16, 2021
District office: Van Nuys
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (adjusting for Employers Compensation Insurance Company, Inc.)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER

Injury / body parts: various body parts

LC §5902CCR §10629CCR §10628CCR §10500CCR §10842CCR §10945CCR §10846CCR §10972CCR §10610CCR §10625

Summary

Applicant Jose Almaguer sought reconsideration of an Amended Findings and Award that found compensable injury (AOE/COE) to various body parts and awarded permanent disability, future medical treatment, and attorneys' fees. His petition was filed on a standard form but lacked any statement of facts, discussion of applicable law, or specific contentions, making his grounds for reconsideration unknown. The WCJ recommended denial and defendant filed an answer. The Appeals Board found the petition skeletal and noncompliant with Labor Code section 5902 and WCAB Rules 10945 and 10972. The Board dismissed the petition. The Board also noted procedural defects regarding improperly designated service and the absence of a proof of service, but declined to address them since dismissal rested on other grounds.

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.

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.