Home/Case Law/MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION
Regular DecisionDecision After Reconsideration

MARLA CROSS vs. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DEPARTMENT OF REHABILITATION

Filed: Apr 10, 2023
Fresno
ADJ769213 (FRE0198930)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order. The WCAB treated the petition as one seeking reconsideration because the applicant's election to proceed against CalTrans was deemed a threshold issue. However, the WCAB found no evidentiary record upon which to determine liability for benefits. Therefore, the WCAB preserved the applicant's election against CalTrans, deferred all other issues, and remanded the matter for further proceedings.

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.