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Regular DecisionReconsideration

Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company

Filed: Jun 07, 2010
ADJ2078638

CompFox AI Summary

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

Full Decision Text1 Pages

The applicant, Gloria Rivas, sought reconsideration of a prior Board decision that overturned a finding deferring determination on her psyche injury claim. The Board found the judge exceeded his authority by deferring the decision after the medical evidence presented was deemed not substantial. The applicant argued procedural errors related to trial scheduling, but the Board found the applicant stipulated to readiness for trial on the psyche injury issue, despite knowing her medical evidence was challenged as inadequate. Therefore, the Board denied reconsideration, reaffirming its decision to rule on the psyche injury claim based on the existing record.

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Gloria Rivas vs. Posada Whittier/Berg Senior Services, Majestic Insurance Company (2010) – | CompFox