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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ2725399 (VNO 0431180) ADJ832058 (VNO 0431183)
Regular
Oct 07, 2011

JUDITH VOLKERTS vs. JON B. ARTZ, CIGA by its servicing facility, BROADSPIRE CLAIMS SERVICES for CALIFORNIA COMP. INSURANCE, in liquidation, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as untimely. The Findings and Award were personally served on the applicant on June 28, 2011. Labor Code section 5903 dictates a 20-day filing window for reconsideration petitions after service, a jurisdictional deadline. Since the petition was filed on August 17, 2011, it exceeded this statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitFindings and AwardPersonal ServiceWCJ DecisionDismissal OrderCIGA
References
0
Case No. ADJ832058 (VNO 0431183) ADJ2725399 (VNO 0431180)
Regular
Jan 06, 2011

JUDITH VOLKERTS vs. JON B. ARTZ, SEABRIGHT INSURANCE COMPANY, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for CALIFORNIA COMPENSATION

The Workers' Compensation Appeals Board (WCAB) affirmed the administrative law judge's (WCJ) order rescinding a prior decision due to improper service by the WCAB. The original decision denied the applicant's request to set aside a compromise and release agreement. Because the WCAB failed to properly serve the applicant, the WCJ retained jurisdiction and had the authority to rescind the decision. The case is remanded for further proceedings, including a new decision that must be properly served.

Workers' Compensation Appeals BoardSeabright Insurance CompanyCIGACalifornia Compensationliquidationreconsiderationadministrative law judgerescinded orderservice of processcompromise and release
References
3
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