Home/Case Law/MARIA FABELA vs. COST CAST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for CAL COMP INSURANCE, in liquidation, ZENITH INSURANCE COMPANY
Regular DecisionWorkers' Compensation

MARIA FABELA vs. COST CAST, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, for CAL COMP INSURANCE, in liquidation, ZENITH INSURANCE COMPANY

Filed: Feb 19, 2013
Santa Ana
ADJ255121 (LBO 0306490) ADJ823370 (LBO 0306489) ADJ758425 (LBO 0306491)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's decision on evidentiary and procedural issues was not a final order. However, the WCAB granted removal, finding that the exclusion of vocational rehabilitation evidence would cause significant prejudice. The WCAB rescinded the WCJ's order and returned the case to the trial level. This action allows for further proceedings and a decision on the vocational evidence, considering it was not available at the time of the mandatory settlement conference and there was no allegation of lack of diligence.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because the WCJ's decision on evidentiary and procedural issues was not a final order. However, the WCAB granted removal, finding that the exclusion of vocational rehabilitation evidence would cause significant prejudice. The WCAB rescinded the WCJ's order and returned the case to the trial level. This action allows for further proceedings and a decision on the vocational evidence, considering it was not available at the time of the mandatory settlement conference and there was no allegation of lack of diligence.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.