HIGH DESERT STATE PRISON STATE COMPENSATION INSURANCE FUND MARC EBERLE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARC EBERLE, Applicant,vs.HIGH DESERT STATE PRISON; STATECOMPENSATION INSURANCE FUND, Defendants.Case No. ADJ7407879(Redding District Office)OPINION AND ORDERDISMISSING PETITION FORRECONSIDERATION By way of a Petition for Reconsideration filed on April 21, 2014, applicant seeks reconsideration of the September 23, 2010 Order of Dismissal issued by the workers’ compensation administrative law judge (WCJ), which dismissed the August 18, 2010 Application for Adjudication filed by applicant for the cumulative trauma claim of injury from August 23, 1993 through March 2, 2000. Applicant contends that the “statute of limitations is not yet up.” Defendant filed an Answer, urging dismissal of the Petition. In her Report and Recommendation on Petition for Reconsideration, the WCJ recommended that the Petition be granted. Based on our review of the record, we shall dismiss the Petition for Reconsideration, with the following observations.BACKGROUND Although no documents have been entered into the evidentiary record, numerous documents are contained in FileNet, the document storage tool of the Electronic Adjudication Management System. An application for adjudication was filed on August 18, 2010, by applicant’s attorney.1 Two letters were sent to the Redding district office by a representative from applicant’s attorney’s office. The first letter is dated August 30, 2010, requesting that the application be withdrawn because of numerous errors on the application. This correspondence indicated that a further application or applications would be filed in the 1 Applicant is no longer represented. , future. The second letter is dated August 31, 2010, again requesting that the application be withdrawn. On September 23, 2010, the WCJ issued the Order of Dismissal, the body of which states, “Whereas the Applic
MARC EBERLE vs. HIGH DESERT STATE PRISON STATE COMPENSATION INSURANCE FUND
In this case, Marc Eberle filed a Petition for Reconsideration of the September 23, 2010 Order of Dismissal issued by the workers' compensation administrative law judge (WCJ). The Petition was dismissed because it was filed more than three years after the Order of Dismissal. The Petition also sought reconsideration of the statute of limitations defense, but the Appeals Board found that there had been no final determination regarding the statute of limitations and that applicant was not aggrieved by any issue related to the statute of limitations at this time. The Appeals Board also dismissed the Petition with respect to the briefing schedule set forth by the WCJ.
- Filed On:
- Court: California, Redding
- Case No. ADJ7407879
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