What the panel ordered
Petition for Reconsideration is dismissed as moot due to defendant's April 7, 2023 Petition for Writ of Review filed with the California Court of Appeal.
Applicant seeks reconsideration of the April 11, 2023 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which was rescinded and reissued due to incomplete service of the prior decision of December 14, 2022.
This docket was decided more than once. Shown here is the latest released decision; we also hold December 14, 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 petition for reconsideration was dismissed as moot because the defendant filed a Petition for Writ of Review with the Court of Appeal, which superseded the reconsideration petition.
From the decision · page 1We have received defendant's Answer. We have considered the allegations of applicant's Petition for Reconsideration and the Answer. We observe that on April 7, 2023, defendant filed a Petition for Writ of Review pursuant to Labor Code section 5950 with the California Court of Appeal, in the First Appellate District. Among the issues raised in defendant's petition was the timeliness of its petition for writ of review, based on defendant's allegation of incomplete service of our December 14, 2022 O&O. (Defendant's Petition for Writ of Review, dated April 7, 2023, at p. 19.) We defer to the Court of Appeal as to whether defendant's Petition for Writ of Review was timely. Based on our review of the record, applicant's Petition for Reconsideration has been rendered moot by the April 7, 2023 Petition for Writ of Review filed by defendant, and we will dismiss the petition accordingly.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant filed a Petition for Writ of Review with the California Court of Appeal on April 7, 2023.
Favours Defendant prevailed
This filing rendered the applicant's petition for reconsideration moot and led to its dismissal.
From the decision · page 1We have received defendant's Answer. We have considered the allegations of applicant's Petition for Reconsideration and the Answer. We observe that on April 7, 2023, defendant filed a Petition for Writ of Review pursuant to Labor Code section 5950 with the California Court of Appeal, in the First Appellate District. Among the issues raised in defendant's petition was the timeliness of its petition for writ of review, based on defendant's allegation of incomplete service of our December 14, 2022 O&O. (Defendant's Petition for Writ of Review, dated April 7, 2023, at p. 19.) We defer to the Court of Appeal as to whether defendant's Petition for Writ of Review was timely. Based on our review of the record, applicant's Petition for Reconsideration has been rendered moot by the April 7, 2023 Petition for Writ of Review filed by defendant, and we will dismiss the petition accordingly.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5950
Labor Code section 5950
Defendant filed a Petition for Writ of Review pursuant to Labor Code section 5950, which rendered the petition for reconsideration moot.
From the decision · page 1We have received defendant's Answer. We have considered the allegations of applicant's Petition for Reconsideration and the Answer. We observe that on April 7, 2023, defendant filed a Petition for Writ of Review pursuant to Labor Code section 5950 with the California Court of Appeal, in the First Appellate District. Among the issues raised in defendant's petition was the timeliness of its petition for writ of review, based on defendant's allegation of incomplete service of our December 14, 2022 O&O. (Defendant's Petition for Writ of Review, dated April 7, 2023, at p. 19.) We defer to the Court of Appeal as to whether defendant's Petition for Writ of Review was timely. Based on our review of the record, applicant's Petition for Reconsideration has been rendered moot by the April 7, 2023 Petition for Writ of Review filed by defendant, and we will dismiss the petition accordingly.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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