Those seeking reconsideration from a workers’ compensation judge’s or the Workers’ Compensation Appeals Board’s final order should provide specific and detailed grounds for why the decision was unlawful or unjust, as well as the issues to be addressed.
In Martinez vs. Silver Spur Mobile Manor; State Compensation Insurance Fund, the applicant filed a petition for reconsideration of a decision allegedly dated Mar. 25.
The workers’ compensation administrative law judge issued a report covering the matter. The panel of the Workers’ Compensation Appeals Board of California agreed with the judge’s recommendation and refused to reconsider the case. The panel found that the applicant was not aggrieved and that his petition was untimely, unverified, and skeletal.
First, to properly seek reconsideration, section 5900(a) of California’s Labor Code requires an applicant to be either directly or indirectly aggrieved by a workers’ compensation administrative law judge’s or the appeals board’s final order, decision, or award determining a substantive right or liability of those involved in the dispute.
In this case, the applicant was not aggrieved, the panel held. While he was seeking reconsideration of a decision issued on Mar. 25, no such decision appeared in the file for this case or for a companion case and no final order was issued on that date. Instead, the recent updates to this proceeding included an order approving compromise and release dated Nov. 19, 2020 and an order...
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