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Case Name | Gallo v. WCAB | |
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Date | 10/31/2007 | |
Note | [Unpublished] When a party fails to seek review within the time allotted, both the WCAB and the court is without jurisdiction to hear future challenges to the decision. | |
Citation | F053819 | |
WCC Citation | WCC 32752007 CA |
The WCJ admittedly declined to consider new medical evidence proffered by Gallo at trial after discovery had closed at the mandatory settlement conference and concluded Gallo did not sustain any additional industrial injuries. Gallo petitioned the WCAB for reconsideration on April 19, 2007, primarily contending the WCJ refused to consider his medical evidence. The WCAB's order indicates the WCAB served Gallo by mail at his current post office box. On May 29, 2007, Gallo wrote a "To Whom it May Concern" letter to the WCAB stating he "received a letter of order denying reconsideration. "There is no indication Gallo petitioned the WCAB for reconsideration on the supplemental award.
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