State of California Department of Social Services-IHSS;Legally Uninsured,Adjusted by state compensation insurance fund state contract services Estella Hoyos-Martinez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTELLA HOYOS-MARTINEZ,Applicant,vs. STATE OF CALIFORNIA DEPARTMENTOF SOCIAL SERVICES-IHSS; LegallyUninsured, Adjusted By STATE10 COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES,Defendant.Case No. ADJ3137830 (LAO 0808446)OPINION AND DECISIONAFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case This is our Opinion and Decision After Reconsideration Defendant sought reconsideration of the Findings & Award & Order issued by a workers’ compensation administrative law judge (WCJ) on April 15, 2010. We determined that there was a threshold issue of whether defendant’s petition was timely filed because the petition had a date stamp of June 2, 2010. Therefore, on August 2, 2010. we granted reconsideration to afford defendant’s attorney the opportunity to show by verified response that the petition was filed timely We also issued a Notice of Intention (NIT) to dismiss the petition as untimely, absent objection and demonstration of good cause to the contrary served and filed within twenty (20) days after service of our order granting reconsideration. No objection to the NIT has been received.In relevant part of its petition for reconsideration, defendant asserts that it did not receive the April 15. 2010 Findings & Award & Order until May 17, 2010, when it received a copy from applicant’s counsel at a statusconference. , Pursuant to I^bor Code section 5903, a petition for reconsideration may be filed within twenty (20) days afler service of a final order, decision, or award made by the Appeals Board lhat period is extended five (5) days when the order, decision, or award of which reconsideration is sought was served by mail. (Code of Civ. Proc., § 1013; Ca
Estella Hoyos-Martinez vs. CA Department of Social Services
In this case, the State of California Department of Social Services-IHSS was legally uninsured and adjusted by the State Compensation Insurance Fund/State Contract Services. Estella Hoyos-Martinez filed a petition for reconsideration of the Findings & Award & Order issued by a workers’ compensation administrative law judge on April 15, 2010. The petition was deemed untimely and was dismissed by the Workers' Compensation Appeals Board.
- Filed On:
- Court: California, Los Angeles
- Case No. ADJ3137830
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