Home/Case Law/GUILLERMINA VALENZUELA vs. GLEN ABBEY MEMORIAL PARK/SCI, OLD REPUBLIC GENERAL INSURANCE CORPORATION
Regular DecisionReconsideration

GUILLERMINA VALENZUELA vs. GLEN ABBEY MEMORIAL PARK/SCI, OLD REPUBLIC GENERAL INSURANCE CORPORATION

Filed: Sep 24, 2012
San Diego
ADJ7728245

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed 43 days after the judge's decision, exceeding the 20-day limit plus a 5-day mail extension. Additionally, the applicant failed to provide proof of service on the defendants and her former attorney, which is grounds for dismissal. Even if the petition were timely and properly served, the Board would have denied it based on the WCJ's report, which found the applicant's testimony not credible regarding her alleged industrial injury. Therefore, the applicant's petition was dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed 43 days after the judge's decision, exceeding the 20-day limit plus a 5-day mail extension. Additionally, the applicant failed to provide proof of service on the defendants and her former attorney, which is grounds for dismissal. Even if the petition were timely and properly served, the Board would have denied it based on the WCJ's report, which found the applicant's testimony not credible regarding her alleged industrial injury. Therefore, the applicant's petition was dismissed.

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