What the panel ordered
Petition for Reconsideration is denied.
Defendant filed a Petition for Reconsideration of the Findings and Order dated December 4, 2023, which was denied by the Appeals Board panel.
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 denied because the Board found the prior Findings and Order protecting the Applicant's Award was appropriate and that suspending payment was not justified.
From the decision · page 1We have considered the allegations of defendant's Petition for Reconsideration1 and the contents of the Report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ's Report, which we adopt and incorporate only to the extent set forth in the attachment to this opinion, and the Opinion on Decision, which we adopt incorporate in its entirety, we will deny reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Findings and Order provide a better method of protecting the Applicant's Award than suspending payment.
Favours Applicant prevailed
Supports the decision to deny the Petition for Reconsideration and maintain the current payment method.
From the decision · page 4*** The Court's F&O is a better method of protecting the Applicant than suspending payment of the Award.
The Award is the Applicant's money and should not be suspended or held by the Defendant.
Favours Applicant prevailed
This fact supports denying the Petition for Reconsideration as suspending payment would be inequitable and contrary to protecting the Applicant's rights.
From the decision · page 4As discussed in the Opinion, there are concerns regarding Defendant's proposal to suspend payment of the Award. The money from the Award is now the Applicant's, not the carriers. Although money is "held in trust" at times in our proceedings, that frequently arises for attorney fee splits which are resolved fairly quickly and between sophisticated parties, not a severely injured Applicant. In this instance, it is uncertain if the Applicant will resurface tomorrow, next week, next year, or ever. The fact is that there is now an Award that has not been challenged by any party and it is now the Applicant's money. Placing the proceeds in an independent FDIC insured bank account protects the money. The F&O also incentivizes the parties to actually locate the Applicant.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code 5803, Labor Code 5801, Labor Code 133, Labor Code 3202
The Appeals Board has continuing jurisdiction over all its orders, decisions, and awards; awards may be amended after notice and opportunity to be heard; the manner of payment may be specified by the Appeals Board; workers' compensation laws shall be liberally construed to protect injured workers.
Applied to deny the Petition for Reconsideration and uphold the Findings and Order protecting the Applicant's Award.
From the decision · page 4The Appeals Board has continuing jurisdiction over all its orders, decisions, and awards.7 Awards may subsequently be amended after notice and opportunity to be heard.8 The manner of payment may be specified by the Appeals Board.9 The legislature has granted broad latitude to the Appeals Board to implement the workers' compensation system's laws.10 Moreover, workers' compensation laws "shall be liberally construed" to protect injured workers.11
What proof carried it
The evidence the panel weighed, by kind.
Parties' joint desire to proceed to Award despite Applicant's absence
From the decision · page 3The applicant sustained an admitted specific injury. Substantial discovery took place given the seriousness of the injury. Sometime before the Findings and Award on the underlying case, it appears the Applicant became unavailable. Counsel for both parties appeared at trial on May 2, 2022, and expressed their joint desire to go on the record to obtain an Award. The undersigned continued the proceedings with notice on the Minutes of Hearing that Applicant should appear, otherwise his case could be heard without his participation.
Applicant's absence and failure to cash checks
From the decision · page 5The Recon also asserts that Applicant must be held responsible for failing to participate in the proceedings, as well as not cashing any of the checks or making his whereabouts known.15 The undersigned notes that the parties appeared at three trial settings before submitting the matter on the record before the Award issued. Defendant assented to the matter going forward and did not challenge the Award at any time. The time to properly raise challenges to Applicant's whereabouts would have been prior to engaging the Court's time on the matter. The District Office has now devoted time to two trials, a petition, NOI, objection, and now the Recon. These concerns
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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