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Case No. ADJ2746818
Regular
Dec 16, 2019

GUSTAVO VELA vs. CAFE MIDI. INC, EMPLOYERS COMPENSATION ISURANCE COMPANY

This case involves a Petition for Reconsideration filed by Technology Insurance Company (Petitioner), a non-party, challenging an Order Approving Compromise and Release (OACR) concerning applicant Gustavo Vela. Petitioner sought to set aside the OACR, alleging denial of due process due to an unrelated, subsequent claim involving Petitioner. The Appeals Board dismissed the Petition, primarily because it was filed untimely, exceeding the 25-day jurisdictional deadline after Petitioner received the OACR. Furthermore, even if timely, the Petition would have been dismissed for lack of standing as Petitioner was not a party to the original settlement.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and Releaseaggrieved personLabor Code section 5900due processcumulative trauma claimadministrative law judgeuntimely petition
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