CITY OF INGLEWOOD, Permissibly Self-Insured, TRACY SPENCER, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATRACY SPENCER, Applicant,vs.CITY OF INGLEWOOD, Permissibly Self-Insured, Defendant(s).Case No. ADJ1806161 (LBO 0392151)OPINION AND ORDER DENYING RECONSIDERATION Applicant, on her own behalf,1 seeks reconsideration2 of the decision by a workers’ compensation administrative law judge (WCJ), in which the WCJ found that applicant did not sustain an industrial injury while employed as an administrative analyst during the cumulative period ending September 17, 2007. The WCJ also ordered that applicant was to take nothing on her claim for workers’ compensation benefits. In her Application for Adjudication of Claim, filed on December 6, 2007, applicant alleged injury to her psyche and in the form of stress, 1Applicant has consistently been represented by her attorney, the law firm of Perona, Langer, Beck & Serbin, throughout these proceedings. No documentation regarding the dismissal or substitution of applicant’s attorney has been filed as required by Board Rule 10774 (Cal. Code Regs., tit. 8, § 10774), the Code of Civil Procedure and the California Rules of Professional Conduct. Thus, applicant continues to be represented by her attorney. Applicant’s April 24, 2009 Petition for Reconsideration is not accompanied by a declaration or statement from applicant that she served her attorney of record. We will, therefore, serve copies of applicant’s Petition for Reconsideration with its attachments on applicant’s attorney.2In this case, it is not clear when the decision issued as there are inconsistencies in the Electronic Adjudication Management System (EAMS) record. However, we note that applicant’s attorney served applicant by mail with a copy of the decision on March 31, 2009, as shown in the attachments to applicant’s petition. There are 25 days allowed in which to file a petition for reconsideration from a final decision which has been served by mail
Tracy Spencer, vs. City Of Inglewood, Permissibly Self-insured,
(LBO 0392151)The City of Inglewood, Permissibly Self-Insured, was taken to the Workers' Compensation Appeals Board by Tracy Spencer, an administrative analyst, who alleged that she had sustained an industrial injury while employed by the City. The WCJ found that Spencer had not sustained an industrial injury and ordered that she take nothing on her claim for workers' compensation benefits. Spencer sought reconsideration of the decision, claiming that she had been denied due process as she did not receive a proper notice of trial and did not receive a continuance when she failed to appear at trial. The WCJ's decision was upheld and the Petition for Reconsideration was denied.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ1806161
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