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PanelDismissed

Eckert, Arthur

ARTHUR ECKERT; RAQUEL ECKERT, Applicants vs. DEPARTMENT OF SOCIAL SERVICES- IHSS GAIN PREP, legally uninsured; administered by INTERCARE ROSEVILLE, Defendants

ADJ number: ADJ771417
Decision date: Jul 24, 2025
District office: San Diego
WCJ: —
Claim administrator: Intercare Roseville (administering for Department of Social Services - IHSS GAIN Prep, legally uninsured)
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

The applicant, Raquel Eckert, spouse of deceased worker Arthur Eckert, filed Petitions to Reopen (May 17, 2021 and October 2, 2023) challenging a February 24, 2000 Findings, Award, and Order that found the worker did not sustain a compensable injury causing his 1997 death. The WCJ issued an Order Dismissing the Petitions to Reopen on January 30, 2025, finding no good cause to set aside the prior FA&O. Applicant then filed a Petition for Reconsideration on May 8, 2025, more than 25 days after service of the WCJ's order. The Appeals Board found the petition untimely and jurisdictionally barred, and dismissed it. The Board also confirmed its own action was timely under the amended Labor Code section 5909, as the case was transmitted on May 30, 2025 and the decision issued within 60 days.

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.