RUIZ FOODS ZURICH NORTH AMERICA ROSA NIEBLAS WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAROSA NIEBLAS, Applicant,vs.RUIZ FOODS; ZURICH NORTH AMERICA, Defendants.Case Nos. ADJ8144649ADJ8506413(Fresno District Office)OPINION AND ORDERS DISMISSINGAPPLICANT’S PETITION FORRECONSIDERATION, GRANTINGDEFENDANT’S PETITION FORRECONSIDERATION AND DECISIONAFTER RECONSIDERATION Defendant seeks reconsideration of the April 14, 2014 Joint Findings and Award and wherein the workers compensation administrative law judge (WCJ) found that applicant sustained an industrial injury on April 15, 2010 to her left knee. The WCJ also found that applicant did not sustain a cumulative trauma injury to her left knee, right knee, neck, back, or psyche during the period January 1, 2006 to January 24, 2012. Defendant contends that the WCJ erred in finding that applicant sustained an industrial injury on April 15, 2010 to her left knee, arguing that applicant’s claim for injury is barred by the statute of limitations because she did not report the injury within one year of its occurrence. We have considered defendant’s Petition for Reconsideration, and we have reviewed the record in this matter. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration recommending that we deny reconsideration. For the reasons discussed below, we will grant reconsideration and find that applicant’s claim for injury to her left knee on April 15, 2010 is barred by the statute of limitations. Applicant also filed a Petition for Reconsideration on June 2, 2014. We will dismiss applicant’s Petition for Reconsideration because it is untimely. To be timely, a petition for reconsideration must be filed and received by the Workers’ Compensation Appeals Board within twenty days of the date the final order in question issued, plus an additional five days if service of the decision is made by mail upon an ,
Rosa Nieblas vs. Ruiz Foods Zurich North America
ADJ8506413In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration and found that the applicant's claim for injury to her left knee on April 15, 2010 was barred by the statute of limitations. The Board dismissed the applicant's petition for reconsideration as it was untimely and improperly attached copies of documents that had already been received into evidence. The Board found that the employer had not been given a claim form or notice of the applicant's workers' compensation rights, which tolled the statute of limitations. The Board also found that the applicant had not reported her injury to her employer within one year of its occurrence, and thus, her claim was barred.
- Filed On:
- Court: California, Fresno
- Case No. ADJ8144649
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