Santos Quesada vs. Washmasters, Inc. Dba California Fleet Services

WASHMASTERS, INC. dba CALIFORNIA FLEET SERVICES was denied a petition for reconsideration from a Stipulated Award issued in March 2013, which found that applicant Santos Quesada sustained 71% permanent disability as a result of a specific injury on August 2, 2009, and cumulatively over the period January 1, 2009 through January 1, 2010, to his back, neck and head while employed as a laborer by Washmasters, Inc. dba California Fleet Services. The petition was denied due to Washmasters' failure to notify the Appeals Board of its change of address and failure to respond and appear in the proceedings prior to filing the petition.

Washmasters, Inc. dba California Fleet Services Santos Quesada WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANTOS QUESADA, Applicant,vs.WASHMASTERS, INC. dba CALIFORNIA FLEET SERVICES; Defendant.Case Nos. ADJ7089639ADJ7089641(Marina del Rey District Office)OPINION AND ORDER DENYING RECONSIDERATION            Defendant, Washmasters, Inc., has filed a timely1 petition seeking reconsideration from the Stipulated Award, issued March 7, 2013, in which a workers’ compensation administrative law judge (WCJ) approved Stipulations with Request for Award entered into -between applicant, Santos Quesada, and the Uninsured Employers Benefits Trust Fund (UEBTF), finding applicant sustained 71 % permanent disability as a result of a specific injury on August 2, 2009, and cumulatively over the period January 1, 2009 through January 1, 2010, to his back, neck and head while employed as a laborer by Washmasters, Inc. dba California Fleet Services, and Dikran Karek dba California Car Wash. Applicant was awarded permanent disability of $95,887.92, plus a life pension of $85.14, and further medical treatment, less an attorney’s fee of $14,383.18. The parties’ stipulation provided that a Notice of Intention to Approve Stipulations with Request for Award must be issued pursuant to Labor Code section 3715 before the stipulations would be approved. That notice was issued on January 16, 2013, and was served on parties as shown on the Official Address Record.            Washmasters contends that it has been denied due process of law, claiming that it did not receive notice of the Application or the Notice of Intention to Approve the Stipulations as it had changed its 1 The petition for reconsideration was file stamped at the Workers’ Compensation Appeals Board district office on April 17, 2013, which would make the petition untimely. However, in view of the fact that the proof of service was executed on March 29, 2013, and applicant’s answer was filed on April 4, 2013, it is appare

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