Case No. ADJ2065496 (LAO 0777249)
ADJ4050189 (LAO 0774705)RegularJan 21, 2010
MIGUEL RODRIGUEZ vs. RALPHS GROCERY COMPANY/FOOD 4 LESS, Permissibly Self-Insured, Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES
In this case, the defendant appealed a Rehabilitation Unit Determination, but their appeal was deemed untimely and improper by the WCJ. The defendant argued that filing a Declaration of Readiness (DOR) with their petition was not required and that the governing WCAB Rule was invalid. The Appeals Board affirmed the WCJ's decision, holding that the defendant's appeal was indeed untimely and improper under the then-current WCAB Rule 10955, which mandated the filing of a DOR for such appeals. The Board also upheld the validity of WCAB Rule 10955, confirming the Board's authority to establish procedural rules.
Rehabilitation UnitDeclaration of ReadinessWCAB Rule 10955Labor Code section 4645Petition for ReconsiderationFindings of Factuntimely appealadministrative law judgeWorkers' Compensation Appeals BoardRalphs Grocery Company
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