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Rafael Cazares, vs. Gardner Trucking, Inc.; National Interstate Insurance,

Gardner Trucking, Inc.; National Interstate Insurance, Rafael Cazares, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARAFAEL CAZARES,Applicant,vs.GARDNER TRUCKING, INC.; NATIONAL INTERSTATE INSURANCE,Defendants.Case Nos. ADJ10104457ADJ10100389(Los Angeles 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.            In addition, we find it necessary to admonish defense attorney Chad Derby and the law office of Stockwell, Harris, Woodverton & Helphrey. Despite stipulating at trial that it paid temporary disabilitybenefits from June 11, 2010 through April 28, 2011 and permanent disability benefits from April 29, 2011 through February 11, 2012 and from May 14, 2016 through October 28, 2016, defendant contends that applicant’s Application for Adjudication of Claim, filed on September 8, 2015, is time barred under Labor Code section 5405. This position is indisputably without merit and not warranted under existing law in violation of section 5813(a) and Appeals Board Rule 10561(b)(6) &(7).//////////// ,             For the foregoing reasons,            IT IS ORDERED that the Petition for Reconsideration is DENIED.        WORKERS’ COMPENSATION APPEALS BOARD        ____________________________DEPUTY        CRISTINE E. GONDAKI CONCUR,_______________________________JOSÉ H. RAZO____________________________DEPUTYANNE SCHMITZDATED AND FILED AT SAN FRANCISCO, CALIFORNIAMAY 10 2017SERVICE MADE ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:RAFAEL CAZARESMANUEL AGUIRRESTOCKWELL, HARRIS ET AL.PAG/abs , CASE NO.: ADJ10104457, ADJ10100389 (Dismissed),RAFAE


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