Home/Case Law/YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular DecisionRegular Panel Decision

YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Apr 21, 2014
Los Angeles
ADJ2395920 (VNO 0339759) ADJ2271599 (LAO 0819690)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The defendant claimed they were never served with the original award, but the WCAB found their petition was filed more than 20 days after they "became aware" of the decision. The WCAB emphasized that in cases of defective service, the petition must be filed within 20 days of actual receipt. Additionally, the defendant was admonished for raising new issues and for procedural errors in their filing.

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YOLANDA DIAZ vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CLAIMS MANAGEMENT SERVICES (2014) – Los Angeles | CompFox