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).
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.
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.
Favours Defendant prevailed
Failure to allege aggrievement is grounds for dismissal under Labor Code §§ 5902, 5903.
From the decision · page 2applicant failed to allege therein that she was aggrieved by February 14, 2022 Joint Findings and Award. We dismiss the Petition for Reconsideration filed on June 23, 2022 as moot, illegible, and skeletal.
The March 2, 2022 Amended Joint Findings and Award made substantive changes, rendering the February 14, 2022 Joint Findings and Award void.
Favours Defendant prevailed
This made the June 23, 2022 petition moot.
From the decision · page 3the Court of Appeal held that an amended decision making a substantive correction to an original decision triggered a new 20-day filing period because the substantive change involved a judicial function rather than a clerical one. In this case, the March 2, 2022 Amended Joint Findings and Award made substantive changes to the earlier decision, rendering the February 14, 2022 Joint Findings and Award void. Accordingly, the petition filed on June 23, 2022 is moot.
The June 23, 2022 petition was illegible and skeletal, failing to state grounds or cite the record.
Favours Defendant prevailed
A skeletal petition may be dismissed under Labor Code § 5902 and WCAB Rules 10945 and 10972.
From the decision · page 4which reconsideration is sought or to cite with specificity to the record. Accordingly, we will dismiss it.
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).
What proof carried it
The evidence the panel weighed, by kind.
The March 28, 2022 petition failed to allege that applicant was aggrieved by the February 14, 2022 Joint Findings and Award.
From the decision · page 2applicant failed to allege therein that she was aggrieved by February 14, 2022 Joint Findings and Award. We dismiss the Petition for Reconsideration filed on June 23, 2022 as moot, illegible, and skeletal.
The June 23, 2022 petition was illegible and skeletal, failing to state grounds or cite the record.
From the decision · page 4which reconsideration is sought or to cite with specificity to the record. Accordingly, we will dismiss it.
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