ADJ4211152 — California WCAB decision

What the panel ordered

Petitions for Reconsideration are dismissed: the March 28, 2022 petition failed to allege aggrievement and the June 23, 2022 petition is moot, illegible, and skeletal.

Applicant filed two petitions for reconsideration (March 28, 2022 and June 23, 2022) regarding the WCJ's Joint Findings and Award (February 14, 2022) and Amended Joint Findings and Award (March 2, 2022).

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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 / removalDefendant prevailed

The March 28, 2022 petition failed to allege aggrievement; the June 23, 2022 petition was moot due to the amended award, and was also illegible and skeletal.

From the decision · page 4For the foregoing reasons, IT IS ORDERED that the Petitions for Reconsideration are DISMISSED.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

The March 28, 2022 petition did not allege that applicant was aggrieved by the February 14, 2022 Joint Findings and Award.

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Lab. Code, § 5902

A petition for reconsideration must set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award to be unjust or unlawful, and every issue to be considered by the appeals board.

The petitions were dismissed for failing to state grounds or cite the record as required by statute.

From the decision · page 3The petition for reconsideration shall set forth specifically and in full detail the grounds upon which the petitioner considers the final order, decision or award made and filed by the appeals board or a workers' compensation judge to be unjust or unlawful, and every issue to be considered by the appeals board. The petition shall be verified upon oath in the manner required for verified pleadings in courts of record and shall contain a general statement of any evidence or other matters upon which the applicant relies in support thereof. (Lab. Code, § 5902, emphasis added.)

Cal. Code Regs., tit. 8, §§ 10945, 10972

Every petition for reconsideration shall fairly state all the material evidence relative to the point or points at issue and each contention shall be separately stated and clearly set forth; a petition may be denied or dismissed if unsupported by specific references to the record and to the principles of law involved.

The June 23, 2022 petition was dismissed as skeletal and for failing to cite the record.

From the decision · page 3Moreover, the Appeals Board Rules provide in relevant part: (1) that "[e]very petition for reconsideration... shall fairly state all the material evidence relative to the point or points at issue [and] [e]ach contention contained in a petition for reconsideration... shall be separately stated and clearly set forth" (Cal. Code Regs., tit. 8, former § 10842, now § 10945 (eff. Jan. 1, 2020) and (2) that "a petition for reconsideration... may be denied or dismissed if it is unsupported by specific references to the record and to the principles of law involved" (Cal. Code Regs., tit. 8, former § 10846, now § 10972 (eff. Jan. 1, 2020).

ADJ4211152 · August 22, 2022

What the panel ordered

What was disputed, and how it came out

The facts that decided it

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The rules the panel named

What proof carried it

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