ADJ12010500 — California WCAB decision

What the panel ordered

Petition for Reconsideration dismissed as untimely and denied on merits

Petition for Reconsideration filed May 3, 2023, challenging April 6, 2023 Order Dismissing Application for Adjudication of Claim

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Reconsideration / removalDefendant prevailed

Petition for Reconsideration was filed 27 days after service of the order, exceeding the 25-day limit, thus untimely and dismissed.

From the decision · page 4THE PETITION FOR RECONSIDERATION The Petition for Reconsideration is untimely and should be denied. The Order Dismissing Application for Adjudication of claim was filed and served on April 6, 2023. Labor Code section 5903 permits a Petition for Reconsideration to be filed "at anytime within 20 days after the service of any final order, decision or award made and filed by the appeals board or a workers' compensation judge granting or denying compensation, or arising out of or incidental thereto..." Title 8, California Code of Regulations, Section 10605 extends the time to act by five calendar days from the date of service if the place of address and the place of mailing of the party being served is within California. The Order was served by mail on April 6, 2023, to California address. The 25-day time limit to file the Petition for Reconsideration fell on Monday, May 1, 2023. The Petition was filed on Wednesday, May 3, 2023, the 27th day after service of.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

Petition for Reconsideration was filed on May 3, 2023, 27 days after service of the April 6, 2023 order

Favours Defendant prevailed

Exceeds the 25-day filing deadline under Labor Code section 5903 and CCR section 10605, leading to dismissal

From the decision · page 4THE PETITION FOR RECONSIDERATION The Petition for Reconsideration is untimely and should be denied. The Order Dismissing Application for Adjudication of claim was filed and served on April 6, 2023. Labor Code section 5903 permits a Petition for Reconsideration to be filed "at anytime within 20 days after the service of any final order, decision or award made and filed by the appeals board or a workers' compensation judge granting or denying compensation, or arising out of or incidental thereto..." Title 8, California Code of Regulations, Section 10605 extends the time to act by five calendar days from the date of service if the place of address and the place of mailing of the party being served is within California. The Order was served by mail on April 6, 2023, to California address. The 25-day time limit to file the Petition for Reconsideration fell on Monday, May 1, 2023. The Petition was filed on Wednesday, May 3, 2023, the 27th day after service of.

Applicant failed to set forth good cause to avoid dismissal and made wild and delusional accusations against defense counsel

Favours Defendant prevailed

Supports dismissal on the merits and credibility against applicant's claims

From the decision · page 9CONCLUSION Defense counsel filed the Application for Adjudication of claim in order to commence discovery. Defense counsel requested dismissal of the Application. the applicant was given an opportunity to be heard. She failed to set forth good cause why the Application should not be dismissed. She has made wild and delusional accusations against defense counsel, who she accuses pf having a connection to the mass shooting in Las Vegas. She believes that Solar Turbines and another employer form the remote past are engaged in a conspiracy with the doctor who performed her breast implants to conceal her medical records. She wants prior attorneys to appear and be questioned about "conflicts" and missing records. She seeks discovery of photographs of priests who may have engaged in sexual abuse of children. Everyone from the San Diego WCAB to the Department of Rehabilitation, from the Joan Kroc enter to the Nazis, the CIA, NASA, and a former Vice President of the United States are somehow involved in her alleged work injury claim against Solar Turbines of "fraud in the inducement in the employment contract and spoilage of evidence in medical recordkeeping and radiography."

ADJ12010500 · July 3, 2023

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