Home/Case Law/JUAN RUIZ vs. SK FLOOR COVERING, STATE COMPENSATION INSURANCE FUND
Regular DecisionDecision After Reconsideration

JUAN RUIZ vs. SK FLOOR COVERING, STATE COMPENSATION INSURANCE FUND

Filed: Jan 20, 2023
San Jose
ADJ11060751

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The applicant sought reconsideration of a prior decision that denied his petition to reopen, which claimed new and further injuries, including liver and kidney issues from medication and sores on his extremities. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case. This action was taken due to the Appeals Board's failure to act on the petition within the statutory timeframe, thereby tolling the deadline, and because the initial investigation did not comply with the duty to investigate under Admin Director Rule 10109 and Labor Code Section 4061(i) concerning new permanent impairment claims. The matter is returned to the WCJ for further proceedings to develop the record regarding these new claims.

Full Decision Text1 Pages

Here's a concise summary for a lawyer:

The applicant sought reconsideration of a prior decision that denied his petition to reopen, which claimed new and further injuries, including liver and kidney issues from medication and sores on his extremities. The Appeals Board granted reconsideration, rescinded the prior decision, and remanded the case. This action was taken due to the Appeals Board's failure to act on the petition within the statutory timeframe, thereby tolling the deadline, and because the initial investigation did not comply with the duty to investigate under Admin Director Rule 10109 and Labor Code Section 4061(i) concerning new permanent impairment claims. The matter is returned to the WCJ for further proceedings to develop the record regarding these new claims.

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