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Petition for reconsideration denied; sanctions of $200.00 payable by Gail Taylor.
The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration of a September 27, 2007 decision. This action was taken to allow the WCAB sufficient time to further study the factual and legal issues in the case. A final decision after reconsideration is pending.
The Appeals Board granted reconsideration for lien claimant Hamlin Chiro Medical Group after its lien was dismissed for untimely filing. The Board found that due process requires Hamlin to have an opportunity to present evidence of proper service on the defendant, as required by Labor Code section 4904. The case is therefore returned to the trial level for further proceedings on the lien claim.
Applicant James Trusty sought reconsideration after a Workers' Compensation Appeals Board finding that 40% of his orthopedic permanent disability should be apportioned to pre-existing conditions. The Board denied reconsideration, adopting the Administrative Law Judge's report. The judge found substantial evidence in the Agreed Medical Examiner's reports supporting the apportionment. These reports detailed Trusty's significant prior spinal injuries and work restrictions, which the judge deemed well-documented despite the applicant's minimization of them.
This case involves a petition for reconsideration filed by a lien claimant regarding a prior decision. The Workers' Compensation Appeals Board granted reconsideration, citing the need for further study of the factual and legal issues to ensure a just decision. All future communications in this matter are to be directed to the Office of the Commissioners in San Francisco, not the local office.
This case involves a $\$250$ sanction imposed on applicant's attorney, Peter T. Brown, by the Workers' Compensation Appeals Board. The sanction was for filing a petition for reconsideration that was both skeletal and untimely. Mr. Brown was given an opportunity to object and show good cause, but he failed to do so. Consequently, the Board found the sanction justified and ordered payment.
The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration because it was filed untimely. The lien claimant received the disallowing order on May 21, 2007, giving them until June 11, 2007, to file, but their petition was not served until June 16, 2007. Therefore, the petition was untimely and lacked jurisdiction.
This case involves a defendant's petition for reconsideration regarding a Notice of Intention (NIT) to approve a settlement that unilaterally added a reimbursement obligation to the Uninsured Employers Benefits Trust Fund (UEBTF). The Appeals Board granted reconsideration, rescinding the NIT due to procedural defects, including improper service and a violation of the defendant's due process rights by unilaterally altering the settlement terms. The Board allowed the underlying Compromise and Release agreement to stand, as it was properly executed and did not contain the disputed reimbursement clause.
The WCAB denied a petition for removal seeking to overturn an order denying a continuance of a lien conference. The defendant's new counsel requested the continuance due to the pending substitution of attorneys, but the WCJ denied it, citing the importance of court-set calendars. While the majority found no significant prejudice given the extended discovery period and flexibility at trial, a dissenting opinion argued the defendant was prejudiced by being denied a meaningful lien conference to resolve issues before trial.
The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded an administrative law judge's order that required an attorney to personally pay $500 in costs. The WCAB found no evidence in the record of a specific order mandating that attorney's personal appearance, nor that a substitute attorney's appearance constituted a violation. Reconsideration was deemed an adequate remedy, thus the petition for removal was dismissed.
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