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Case No. ADJ2931131

Regular

Aug 01, 2011

NOE ALVAREZ vs. CALIFORNIA THREAD & SUPPLY INC., STATE COMPENSATION INSURANCE FUND, SPECIALTY UNDERWRITERS ALLIANCE INSURANCE

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior order. The initial order found no industrial injury to the applicant's right shoulder or cumulative trauma to various body parts. The applicant argued the judge erred by not providing reasons, ignoring unrebutted testimony, failing to address notice issues, and not favoring the worker. However, the Board found the applicant failed to meet their burden of proof due to a lack of credibility and insufficient medical evidence linking the claimed injuries to work duties.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and OrderIndustrial InjuryCumulative TraumaLabor Code Section 3202Expert Opinion EvidenceAOE/COECredibilityBurden of Proof

References

Case No. ADJ2931131 (MON 0357107)

Regular

Nov 14, 2011

NOE ALVAREZ vs. CALIFORNIA THREAD & SUPPLY INC., STATE COMPENSATION INSURANCE FUND, SPECIALTY UNDERWRITERS ALLIANCE INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's second petition for reconsideration as it was a successive filing, which is not permitted. Such petitions are considered improper and must be filed as a writ of review with the Court of Appeals. Additionally, the petition would have been dismissed as untimely, as it was filed well beyond the 25-day limit. The WCAB reiterated that a prior decision denying reconsideration is not subject to a further petition for reconsideration.

ADJ2931131MON 0357107Petition for ReconsiderationDismissalSuccessive PetitionUntimely FilingAOE/COECredibility FindingExpert Opinion EvidenceWCJ Report

References

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NOE ALVAREZ vs. CALIFORNIA THREAD & SUPPLY INC., STATE COMPENSATION INSURANCE FUND, SPECIALTY UNDERWRITERS ALLIANCE INSURANCE

ADJ2931131MON 0357107Petition for ReconsiderationDismissalSuccessive PetitionUntimely FilingAOE/COECredibility FindingExpert Opinion EvidenceWCJ Report