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Case No. ADJ10680590 ADJ10680591

Regular

Dec 21, 2017

HYUNMI KIM vs. SHERRY PRECISION DENTAL ART, HARTFORD FIRE ISURANCE COMPANY

This case involves a worker, Hyunmi Kim, filing a second petition for reconsideration after her initial one was dismissed. The Appeals Board is treating her handwritten submission as a petition, but is dismissing it as successive and skeletal. The Board reiterates the rule that a party cannot file a second reconsideration petition if the first was unsuccessful, and any challenge must be via a writ of review. Furthermore, any discussion of a potential third-party credit issue in a prior opinion was not a final decision and thus not subject to reconsideration at this stage.

Successive petitionSkeletal petitionPetition for reconsiderationNewly aggrievedThird-party creditOpinion on decisionFinal determinationWrit of reviewAppeals BoardWorkers' compensation

References

Case No. ADJ10680590, ADJ10680591

Regular

Oct 12, 2017

HYUNMI KIM vs. SHERRY PRECISION DENTAL ART, HARTFORD FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration because it was "skeletal" and failed to meet the specific requirements of Labor Code section 5902 and Appeals Board Rules. The petition did not detail the grounds for reconsideration, cite specific evidence, or fairly state all material evidence relative to the disputed findings. Despite the WCAB acknowledging the WCJ's finding of injury AOE/COE made the order final, the petition's lack of specificity was sufficient grounds for dismissal. Therefore, the petition was dismissed for failing to comply with procedural requirements for seeking reconsideration.

ADJ10680590ADJ10680591WCABPetition for ReconsiderationSkeletal PetitionFinal OrderAOE/COELabor Code 5902Rule 10842Rule 10846

References

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HYUNMI KIM vs. SHERRY PRECISION DENTAL ART, HARTFORD FIRE ISURANCE COMPANY

Successive petitionSkeletal petitionPetition for reconsiderationNewly aggrievedThird-party creditOpinion on decisionFinal determinationWrit of reviewAppeals BoardWorkers' compensation

HYUNMI KIM vs. SHERRY PRECISION DENTAL ART, HARTFORD FIRE INSURANCE COMPANY

ADJ10680590ADJ10680591WCABPetition for ReconsiderationSkeletal PetitionFinal OrderAOE/COELabor Code 5902Rule 10842Rule 10846