CompFox AI Summary
The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because the challenged order compelling mandatory arbitration was not a final decision. The Board granted removal, rescinded the arbitration order, and returned the case for further proceedings. This was because the applicant's claimed injury dates (1978-1986) fell outside the statutory period for mandatory arbitration under Labor Code section 5275, which applies only to injuries occurring on or after January 1, 1990 (and later clarified to January 1, 1994).
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed a Petition for Reconsideration because the challenged order compelling mandatory arbitration was not a final decision. The Board granted removal, rescinded the arbitration order, and returned the case for further proceedings. This was because the applicant's claimed injury dates (1978-1986) fell outside the statutory period for mandatory arbitration under Labor Code section 5275, which applies only to injuries occurring on or after January 1, 1990 (and later clarified to January 1, 1994).
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