Home/Case Law/FERMIN BAUTISTA vs. MILGARD WINDOWS & DOORS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionReconsideration

FERMIN BAUTISTA vs. MILGARD WINDOWS & DOORS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Feb 24, 2011
San Francisco
ADJ781963 (LAO 0886828) ADJ3530912 (LAO 0887054)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed untimely, one day after the jurisdictional deadline. Furthermore, the applicant failed to properly serve the lien claimant, the Employment Development Department, as required by law. Even if the petition were timely, the Board would have denied it based on the Judge's credible findings, particularly regarding the applicant's credibility concerning prior injuries. The original award found a cumulative injury only to the applicant's low back, awarding 7% permanent disability.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed untimely, one day after the jurisdictional deadline. Furthermore, the applicant failed to properly serve the lien claimant, the Employment Development Department, as required by law. Even if the petition were timely, the Board would have denied it based on the Judge's credible findings, particularly regarding the applicant's credibility concerning prior injuries. The original award found a cumulative injury only to the applicant's low back, awarding 7% permanent disability.

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FERMIN BAUTISTA vs. MILGARD WINDOWS & DOORS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (2011) – San Francisco | CompFox