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Case No. ADJ9904638 ADJ7352002

Regular

Aug 23, 2018

CARMEN CAEZ vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), administered by YORK RISK SERVICES GROUP, INC

In this workers' compensation case, the applicant filed a Petition for Removal seeking to rescind a Notice of Hearing. The applicant argued the hearing would cause prejudice, but the underlying Petition for Reconsideration was rendered moot when the WCJ vacated their initial decision. Further attempts at reconsideration were withdrawn, and the subsequent trial rendered the current Petition for Removal moot. Consequently, the Appeals Board dismissed the Petition for Removal.

Petition for RemovalPetition for ReconsiderationNotice of HearingFindings and OrderWorkers' Compensation Appeals BoardWCJVacated DecisionRendered MootDismissed PetitionADJ9904638

References

Case No. ADJ9904638, ADJ7352002

Regular

Jul 25, 2017

Carmen Caez vs. California Department of Social Services (IHSS), administered by YORK RISK SERVICES GROUP, INC.

The Workers' Compensation Appeals Board granted reconsideration, amending the prior decision to defer the statute of limitations issue for the applicant's low back and other injuries sustained on November 1, 2008. The Board found the initial determination barring benefits lacked substantial evidence, particularly regarding the timeliness of the claim under Labor Code section 5405. Further development of the record is required to address potential tolling of the statute of limitations due to the employer's failure to provide proper workers' compensation notification. The case is returned for further proceedings to resolve these issues.

ADJ9904638ADJ7352002IHSS caregiverLabor Code sections 35503551statute of limitations tolledclaim formHoneywell v. Workers' Comp. Appeals Bd.denial letterApplication for Adjudication

References

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CARMEN CAEZ vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES (IHSS), administered by YORK RISK SERVICES GROUP, INC

Petition for RemovalPetition for ReconsiderationNotice of HearingFindings and OrderWorkers' Compensation Appeals BoardWCJVacated DecisionRendered MootDismissed PetitionADJ9904638

Carmen Caez vs. California Department of Social Services (IHSS), administered by YORK RISK SERVICES GROUP, INC.

ADJ9904638ADJ7352002IHSS caregiverLabor Code sections 35503551statute of limitations tolledclaim formHoneywell v. Workers' Comp. Appeals Bd.denial letterApplication for Adjudication