Home/Case Law/Donna Smith vs. Neiman Marcus, Liberty Mutual Insurance Company
Regular DecisionReconsideration

Donna Smith vs. Neiman Marcus, Liberty Mutual Insurance Company

Filed: Sep 16, 2009
San Francisco
ADJ3423900 (ANA 0320773)

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Here's a summary of the case for a lawyer, in four sentences:

The Workers' Compensation Appeals Board denied reconsideration of its decision regarding Donna Smith's claim against Neiman Marcus and Liberty Mutual Insurance Company. Although applicant's petition for reconsideration was timely filed, it was not brought to the Board's attention within the statutory 60-day period due to administrative oversight. The Board, applying due process principles and citing relevant case law, determined that the 60-day review period begins when the Board has actual notice of the petition. Therefore, the untimely review of the petition led to its denial on the merits, upholding the WCJ's previous decision.

Full Decision Text1 Pages

Here's a summary of the case for a lawyer, in four sentences:

The Workers' Compensation Appeals Board denied reconsideration of its decision regarding Donna Smith's claim against Neiman Marcus and Liberty Mutual Insurance Company. Although applicant's petition for reconsideration was timely filed, it was not brought to the Board's attention within the statutory 60-day period due to administrative oversight. The Board, applying due process principles and citing relevant case law, determined that the 60-day review period begins when the Board has actual notice of the petition. Therefore, the untimely review of the petition led to its denial on the merits, upholding the WCJ's previous decision.

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