What the panel ordered
Reconsideration granted; further proceedings to be determined; pending further decision, all related correspondence to be filed with WCAB Commissioners.
Petition for reconsideration of the decision filed on November 4, 2022, granted to allow further study of factual and legal issues.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Reconsideration granted to allow further study of factual and legal issues and to issue a just and reasoned decision.
From the decision · page 1Reconsideration has been sought with regard to the decision filed on November 4, 2022. Taking into account the statutory time constraints for acting on the petition, and based upon our initial review of the record, we believe reconsideration must be granted to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration is therefore granted for this purpose and for such further proceedings as we may hereafter determine to be appropriate. For the foregoing reasons, IT IS ORDERED that Reconsideration is GRANTED. IT IS FURTHER ORDERED that pending the issuance of a Decision after Reconsideration in the above case, all further correspondence, objections, motions, requests and communications relating to the petition shall be filed only with the Office of the Commissioners of the Workers' Compensation Appeals Board at either its street address (455 Golden Gate Avenue, 9th Floor, San Francisco, CA 94102), or its e-mail address (WCABgrantforstudy@dir.ca.gov). It is within the discretion of the Workers' Compensation Appeals Board to determine whether any document submitted for filing is accepted for filing (Cal. Code Regs., tit. 8, § 10615(c) [eff. January 1, 2022]).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The initial decision was filed on November 4, 2022.
Favours Applicant prevailed
The petition for reconsideration was timely filed and granted to allow further study of the case.
From the decision · page 1Reconsideration has been sought with regard to the decision filed on November 4, 2022. Taking into account the statutory time constraints for acting on the petition, and based upon our initial review of the record, we believe reconsideration must be granted to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration is therefore granted for this purpose and for such further proceedings as we may hereafter determine to be appropriate. For the foregoing reasons, IT IS ORDERED that Reconsideration is GRANTED. IT IS FURTHER ORDERED that pending the issuance of a Decision after Reconsideration in the above case, all further correspondence, objections, motions, requests and communications relating to the petition shall be filed only with the Office of the Commissioners of the Workers' Compensation Appeals Board at either its street address (455 Golden Gate Avenue, 9th Floor, San Francisco, CA 94102), or its e-mail address (WCABgrantforstudy@dir.ca.gov). It is within the discretion of the Workers' Compensation Appeals Board to determine whether any document submitted for filing is accepted for filing (Cal. Code Regs., tit. 8, § 10615(c) [eff. January 1, 2022]).
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10615(c)
Cal. Code Regs., tit. 8, 10615(c)
Discretion of WCAB to determine whether any document submitted for filing is accepted for filing.
From the decision · page 1Reconsideration has been sought with regard to the decision filed on November 4, 2022. Taking into account the statutory time constraints for acting on the petition, and based upon our initial review of the record, we believe reconsideration must be granted to allow sufficient opportunity to further study the factual and legal issues in this case. We believe that this action is necessary to give us a complete understanding of the record and to enable us to issue a just and reasoned decision. Reconsideration is therefore granted for this purpose and for such further proceedings as we may hereafter determine to be appropriate. For the foregoing reasons, IT IS ORDERED that Reconsideration is GRANTED. IT IS FURTHER ORDERED that pending the issuance of a Decision after Reconsideration in the above case, all further correspondence, objections, motions, requests and communications relating to the petition shall be filed only with the Office of the Commissioners of the Workers' Compensation Appeals Board at either its street address (455 Golden Gate Avenue, 9th Floor, San Francisco, CA 94102), or its e-mail address (WCABgrantforstudy@dir.ca.gov). It is within the discretion of the Workers' Compensation Appeals Board to determine whether any document submitted for filing is accepted for filing (Cal. Code Regs., tit. 8, § 10615(c) [eff. January 1, 2022]).
Cal. Code Regs., tit. 8, 10961
Cal. Code Regs., tit. 8, 10961
Requirement to notify WCAB of filing stipulations with request for award or compromise and release agreement.
From the decision · page 2IT IS FURTHER ORDERED that all trial level documents not related to the petition are not subject to this order EXCEPT that given WCAB Rule 10961 (Cal. Code Regs., tit. 8, § 10961), when the parties file a stipulations with request for award or a compromise and release agreement in this case, all parties shall simultaneously notify the Workers' Compensation Appeals Board of the filing at either its street address (455 Golden Gate Avenue, 9th Floor, San Francisco, CA 94102), or its e-mail address (WCABgrantforstudy@dir.ca.gov).
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About this page
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