Updated Daily
Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.
The Applicant's petition for reconsideration of the October 7, 2009 Order Approving Compromise and Release is dismissed for non-compliance with legal requirements. The WCAB suggests the applicant may seek review under Labor Code section 5803.
This case involves an applicant who sought to reopen a workers' compensation settlement, alleging improper temporary disability payments. The Court of Appeal found "good cause" to reopen under Labor Code section 5803, even without evidence of fraud. Consequently, the Appeals Board granted reconsideration, rescinded the prior decision, and returned the matter to the trial level for further proceedings.
The Appeals Board dismissed the applicant's Petition for Removal because the Order of Dismissal for Lack of Prosecution was a final order, making reconsideration, not removal, the appropriate remedy. The applicant's argument that the Board could set aside the dismissal under Labor Code section 5803 or equity powers under Code of Civil Procedure section 473 was rejected. The Board also admonished the applicant's attorney to file more coherent and specific petitions in the future.
This case concerns a Petition for Reconsideration filed by Superior Transport Company, LLC. The Workers' Compensation Appeals Board dismissed the petition as untimely because it was filed more than 25 days after the December 11, 2013 award. Despite the dismissal, the matter is returned to the trial level. The WCJ will now determine whether the stipulations can be set aside under Code of Civil Procedure section 473 or reopened under Labor Code section 5803.
The Workers' Compensation Appeals Board dismissed the defendant's petition for reconsideration, finding the WCJ's March 11, 2008 order was not a final determination. However, the Board granted the defendant's petition for removal to correct procedural confusion, rescinding the WCJ's order. The Board will return the case to the trial level for the WCJ to determine if good cause exists under Labor Code § 5803 to vacate the original May 12, 2006 dismissal, allowing the applicant to proceed with her existing claim number.
The applicant sought reconsideration of a dismissal order, arguing the judge failed to issue a proper notice of intent to dismiss. The Board denied the petition, finding the judge correctly amended an initial dismissal order to correct an error specifying dismissal "with prejudice" instead of "without prejudice" as initially noticed. This amendment was authorized by WCAB Rule 10859 and Labor Code 5803 to rectify a mistake and conform the order to the notice, which the applicant had not objected to. Therefore, no due process violation occurred, and the applicant received the relief sought.
The defendant sought removal of the WCJ's order rescinding a Compromise and Release (C&R), arguing the applicant's petition to set aside was untimely. The Appeals Board dismissed the defendant's petition due to improper service. However, the Board granted removal on its own motion, rescinded the WCJ's order, and returned the matter for a hearing on the applicant's petition to set aside the C&R. This decision acknowledges the applicant's petition was indeed untimely, but asserts the Board's authority to review the C&R for good cause under Labor Code section 5803.
The Workers' Compensation Appeals Board (WCAB) affirmed two orders rescinding prior dismissals of applicant Gladys Ramos's cases. The dismissals were rescinded because SCIF failed to properly serve Ramos with notice of dismissal proceedings, violating due process and WCAB rules. SCIF's arguments regarding lack of jurisdiction and time limitations were rejected, as the orders rescinding dismissal were not final and SCIF's service failures constituted good cause for rescission under Labor Code section 5803. Consequently, SCIF's petitions for reconsideration and removal were denied.
In this workers' compensation case, the Appeals Board denied Pacific Gas & Electric's petition for reconsideration of an order imposing sanctions. The defendant argued the WCJ lacked jurisdiction due to the time elapsed since the injury and that due process required a hearing. The Board affirmed the sanctions, clarifying that the Appeals Board's continuing jurisdiction under Labor Code section 5803 to impose sanctions is separate from an applicant's ability to reopen a case for new and further disability. Furthermore, the Board found that due process was satisfied as the defendant failed to respond to the Notice of Intention to Impose Sanctions, negating the need for an oral hearing.
The Workers' Compensation Appeals Board (WCAB) denied Liberty Mutual Insurance Company's petition for removal, upholding an earlier order that rejoined Liberty and its insured, Perkinelmer Optoelectronics, as parties. Although Liberty was previously dismissed, the WCAB found good cause to rescind that dismissal under Labor Code section 5803. This was because the applicant amended their claim to allege cumulative trauma extending to June 1, 2004, making Perkinelmer a potentially liable employer. The WCAB determined that Liberty's initial dismissal petition was based on facts no longer operative after the amendment, and a final determination of liability had not yet been made.
Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.