WCPanelIQ
PanelDismissed

Vazquez, Bertha

BERTHA VAZQUEZ, Applicant vs. RALPH’S GROCERY COMPANY, permissibly self-insured, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ3550890
Decision date
Nov 13, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administrator for permissibly self-insured Ralph's Grocery Company)
Commissioners
LISA A. SUSSMAN, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

Injury / body parts: neck, shoulder, psyche

LC §4650LC §5814LC §5900LC §5902LC §5903CCR §10955

Summary

Applicant Bertha Vazquez sought reconsideration of the Board's March 8, 2022 Opinion and Decision After Reconsideration, which had rescinded a WCJ's September 3, 2019 Amended Findings, Award and Orders finding AOE/COE injury to the neck and psyche, temporary total disability from September 23, 2003 through May 4, 2015, and permanent total (100%) disability. The Board had previously granted reconsideration on May 23, 2022 to further study the issues. Upon further review, the Board determined that its March 8, 2022 order rescinding the WCJ's decision was not a final order because it did not determine any substantive right or liability or a threshold issue. Accordingly, the Board vacated its May 23, 2022 order granting reconsideration, dismissed the petition as one seeking reconsideration of a non-final order, and treated and denied it as a petition for removal. The Board acknowledged applicant's frustration with delay and reminded defendant of its obligations under Labor Code sections 4650 and 5814.

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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