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Case No. ADJ10664643

Regular

Jul 17, 2017

,\n GARY MCCLELLAN, vs. ,\n AMC FRAMING & CONSTRUCTION; ,\n BENCHMARK INSURANCE,

The Workers' Compensation Appeals Board dismissed the Applicant's Petition for Reconsideration because it was filed against a non-final order resolving only an interlocutory procedural issue. The Board also denied the Applicant's Petition for Removal, finding no evidence of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision occurs. The Applicant's attempt to disqualify the judge was not considered as it was not filed as a separate petition. Therefore, the petitions were dismissed and denied respectively.

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmDisqualification of WCJ

References

Case No. SFO 0485703

En Banc

Jun 21, 2006

ELIZABETH ALDI vs. CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN, REPUBLIC INDEMNITY COMPANY OF AMERICA

The Appeals Board held that the revised permanent disability rating schedule, effective January 1, 2005, applies to injuries occurring before that date unless one of the statutory exceptions in Labor Code section 4660(d) is established. The case was returned to the trial level to determine if any exceptions apply.

En Banc DecisionPermanent Disability Rating ScheduleLabor Code Section 4660SB 899Prospective ApplicationExceptionsMedical-Legal ReportTreating Physician ReportSection 4061 NoticeCumulative Trauma Injury

References

Case No. SFO 0485703

Significant

Jun 21, 2006

Elizabeth Aldi, Applicant vs. Carr, McClellan, Ingersoll, Thompson & Horn, Republic Indemnity Company of America

The Appeals Board holds that the revised permanent disability rating schedule, effective January 1, 2005, applies to injuries occurring before that date unless one of the specific exceptions in Labor Code section 4660(d) is established.

SB 899Labor Code section 4660(d)permanent disability rating scheduleeffective dateprospective applicationretroactive applicationthreshold issueen banc decisionstatutory interpretationcumulative trauma

References

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,\n GARY MCCLELLAN, vs. ,\n AMC FRAMING & CONSTRUCTION; ,\n BENCHMARK INSURANCE,

Petition for ReconsiderationPetition for RemovalFinal OrderInterlocutory DecisionSubstantive RightThreshold IssueExtraordinary RemedySubstantial PrejudiceIrreparable HarmDisqualification of WCJ

ELIZABETH ALDI vs. CARR, McCLELLAN, INGERSOLL, THOMPSON & HORN, REPUBLIC INDEMNITY COMPANY OF AMERICA

Elizabeth Aldi, Applicant vs. Carr, McClellan, Ingersoll, Thompson & Horn, Republic Indemnity Company of America