WCPanelIQ
PanelGranted in Part

Josh Shifrin — ADJ12076053

JOSHUA SHIFRIN, Applicant vs. DEPARTMENT OF FORESTRY, legally uninsured, Defendants

ADJ number
ADJ12076053
Decision date
Feb 4, 2021
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Defendant Department of Forestry (legally uninsured) petitioned for reconsideration of an Amended Joint Findings and Order issued by the WCJ on November 12, 2020, arguing the WCJ applied the wrong legal standard in finding applicant's specific injury claim (ADJ12728915) was not barred by the statute of limitations. The Board found that although the WCJ discussed the statute of limitations issue in the Opinion on Decision, the F&O contained no actual finding of fact or order on that issue, making the decision interlocutory rather than 'final.' The Board therefore dismissed the petition to the extent it sought reconsideration. It granted the petition to the extent it sought removal, but only to amend the F&O to add an order deferring the statute of limitations issue. The F&O was otherwise affirmed.

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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