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Venue Mistake Should Not Bar Petition to Reopen, 2nd DCA Rules

Tuesday, January 10, 2012 | 0

The mistake of accidentally filing a petition to reopen at the wrong Workers' Compensation Appeals Board office should not have barred an applicant's petition to reopen, California's 2nd District Court of Appeal concluded. Case: Contreras v. WCAB, No. B233103, 1/9/12, unpublished. Facts: Salvador Contreras, a farm worker for M&C Farm Labor, had obtained a stipulated workers' compensation award for a neck injury in 2001. The employer's insurance carrier went insolvent, and the California Insurance Guarantee Association (CIGA) took over his claim. In 2004, he filed a peti...

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