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The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.
Kevin Perry vs. Asset Protection and Security Services L.P., Insurance Company of the State of PA is a workers' compensation case decided in San Diego. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Diego.
Full Decision Text1 Pages
The applicant, Kevin Perry, sought reconsideration of a prior Order Dismissing Case with Prejudice, which was based on the doctrine of res judicata. The Workers' Compensation Appeals Board (WCAB) acknowledged that the petition was timely filed within the 60-day statutory period. However, due to the absence of a complete evidentiary record from the lower tribunal, the WCAB was unable to adequately review the applicant's contentions. Consequently, the Petition for Reconsideration was dismissed as premature, and the matter was returned to the Presiding Workers' Compensation Judge (PWCJ) with a recommendation to treat the original petition as one to set aside the initial Order Dismissing, allowing for further proceedings and a new decision that can then be subject to reconsideration.
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