State Of California, Cdcr- Central California Women’S Facility Chowchilla, Legally Uninsured; State Compensation Insurance Fund/State Contract Services, Adjusting Agency, Nicole Boragno, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIANICOLE BORAGNO,Applicant,vs.STATE OF CALIFORNIA, CDCR- CENTRAL CALIFORNIA WOMEN’S FACILITY CHOWCHILLA, Legally Uninsured; STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency,Defendants.Case No. ADJ8691809(Fresno District Office)OPINION AND ORDER DENYING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’ s report, which we adopt and incorporate, we will deny reconsideration. Labor Code section 5502(d)(3) provides that the evidentiary record closes at the time of the mandatory settlement conference (MSC) and evidence not disclosed at that time is inadmissible, unless the proponent can establish the evidence was not previously available or discoverable with the exercise of due diligence. The closure of discovery at the MSC is mandatory, absent a showing of good cause. (County of Sacramento v. Workers’ Comp. Appeals Bd. (Estrada) (1999) 68 Cal.App.4th 1429 [64 Cal.Comp.Cases 26].) For the reasons stated by the WCJ, we agree that petitioner did not establish good cause.//////////// , For the foregoing reasons, IT IS ORDERED that the Petition for Reconsideration is DENIED. WORKERS’ COMPENSATION APPEALS BOARD _______________________________ FRANK M. BRASSI CONCUR,_______________________________KATHERINE ZALEWSKI_______________________________JOSÉ H. RAZODATED AND FILED AT SAN FRANCISCO, CALIFORNIAAPR 13 2017SERVICE MADE ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL
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