Ramos, Heather

Applicant Heather Ramos settled two cumulative injury claims by C&R, which required defendant to issue two Supplemental Job Displacement Vouchers (SJDVs). One voucher (Voucher 1) was timely received, but applicant disputed timely service of the second (Voucher 2). Defendant produced a December 11, 2023 proof of service for Voucher 2, invoking the Evidence Code section 641 mailbox rule. The WCJ found the presumption of mailing/receipt applied, that applicant failed to rebut it with believable contrary evidence, and that no penalty was warranted because defendant promptly reissued the voucher upon notice of non-receipt. The Appeals Board denied reconsideration, agreeing the valid proof of service outweighed applicant's allegations of non-receipt and that there was no unreasonable delay warranting penalties or attorney's fees.