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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. ADJ16936069; ADJ15085332

Regular

Mar 10, 2025

Earnest McIntosh vs. Saia LTL Freight, Broadsire

Applicant Earnest McIntosh sought reconsideration of an Order Approving Compromise and Release (OACR) issued by a workers' compensation administrative law judge. The Applicant contended entitlement to additional disability benefits. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as premature, citing a lack of clarity regarding service of the OACR and the applicant's understanding of the settlement terms concerning missing temporary disability checks. The WCAB recommended remanding the matter to the trial level to consider the petition as one to set aside the OACR and allow for further proceedings.

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJAppeals Boardpremature petitionset aside OACRtemporary disability indemnitystatutory cap104 weeks

References

Case No. ADJ2987812 (SJO262336) ADJ1100259 (SJO262338)

Regular

Sep 17, 2003

JANICE KELLEY vs. GOOD SAMARITAN HOSPITAL and BROADSPIRE, L.L.C.

The Workers' Compensation Appeals Board (WCAB) granted the defendants' Petition for Reconsideration in the case of *Kelley v. Good Samaritan Hospital and Broadsire, L.L.C.* This action was taken due to the statutory time constraints and the need for further study of the complex factual and legal issues. The WCAB requires additional review to ensure a comprehensive understanding of the record before issuing a just decision. All future filings in this matter should be directed to the WCAB's Office of the Commissioners, not the local district office.

Petition for ReconsiderationWorkers' Compensation Appeals BoardGood Samaritan HospitalBroadspire L.L.C.Opinion and OrderStatutory Time ConstraintsFactual and Legal IssuesJust and Reasoned DecisionFurther ProceedingsOffice of the Commissioners

References

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Earnest McIntosh vs. Saia LTL Freight, Broadsire

Petition for ReconsiderationCompromise and ReleaseOrder Approving Compromise and ReleaseWCJAppeals Boardpremature petitionset aside OACRtemporary disability indemnitystatutory cap104 weeks

JANICE KELLEY vs. GOOD SAMARITAN HOSPITAL and BROADSPIRE, L.L.C.