LARRY TRIPP, Applicant vs. CALIFORNIA DEPARTMENT OF STATE HOSPITALS/COALINGA, STATE COMPENSATION INSURANCE FUND, Defendants
ADJ number
ADJ13470852
Decision date
Nov 11, 2024
District office
Fresno
WCJ
—
Claim administrator
State Compensation Insurance Fund
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
Injury / body parts: left shoulder, right hip, bilateral knees, left foot, left big toe, left ankle, right hand, right wrist, hernia, diabetes, hypertension, irritable bowel syndrome, upper GI, erectile dysfunction
Larry Tripp, a psychiatric technician at the Department of State Hospitals/Coalinga, had four consolidated claims in which the WCJ issued an August 26, 2024 Findings and Order directing further development of the record. The applicant filed a Petition for Removal challenging an interlocutory finding. The Board first addressed timeliness under amended Labor Code section 5909, confirming it acted within 60 days of the September 10, 2024 transmission date. The Board granted reconsideration (rather than removal) because the decision resolved threshold issues (employment and AOE/COE by stipulation), making it a final decision, but applied the removal standard since only interlocutory issues were challenged. Although it found no significant prejudice or irreparable harm warranting removal relief, the Board granted the petition solely to rescind the August 26, 2024 order and substitute a new Findings and Order explicitly stating the stipulated Findings of Fact that the WCJ had adopted by reference but failed to state, as required by section 5313.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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