WCPanelIQ
PanelLienDismissed

Sanchez, Librada

LIBRADA SANCHEZ, Applicant vs. GOODWILL INDUSTRIES; REDWOOD FIRE AND CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES, Defendants

ADJ number
ADJ10107934
Decision date
May 13, 2025
District office
Oakland
WCJ
—
Claim administrator
Berkshire Hathaway Homestate Companies (c/o), administering for Redwood Fire and Casualty Insurance Company
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909LC §5900LC §5902LC §5903CCR §10940

Summary

Defendant sought reconsideration of the Appeals Board's February 21, 2025 Opinion and Order Granting Petition for Reconsideration and Decision After Reconsideration, which had rescinded the WCJ's order dismissing lien claimant's lien. The Board first noted the petition was improperly filed with the Oakland District Office rather than the Appeals Board under WCAB Rule 10940(a), but the WCJ transmitted it to the Board, which treated it as properly filed. The Board addressed the timeliness of its action under amended Labor Code section 5909, finding it timely acted within 60 days of the March 17, 2025 transmission. On the merits, the Board held that its order rescinding the lien dismissal was not a final order because it did not determine any substantive right or liability or a threshold issue fundamental to benefits. The petition was therefore dismissed as seeking review of a non-final order.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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