WCPanelIQ
PanelDenied

Mabon, Eva

EVA MABON, Applicant vs. MARIPOSA COUNTY UNIFIED SCHOOL DISTRICT; INTERCARE, Defendants

ADJ number
ADJ14004038
Decision date
Oct 21, 2024
District office
Fresno
WCJ
—
Claim administrator
Intercare
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER
LC §5909LC §5900LC §5904CCR §10955

Summary

Eva Mabon's employer, Mariposa County Unified School District (administered by Intercare), filed a petition challenging a WCJ decision that contained a threshold finding regarding employment as well as an interlocutory finding. The Appeals Board first addressed the timeliness of its action under newly amended Labor Code section 5909, concluding that the case was transmitted on August 26, 2024, giving it until October 25, 2024 to act, and that service of the WCJ's Report on the same date provided proper notice to the parties. Although the decision was a final order subject to reconsideration because it resolved an employment threshold issue, the petitioner only challenged an interlocutory finding, so the Board applied the removal standard. Finding no showing of significant prejudice or irreparable harm and no inadequacy of reconsideration as a later remedy, the Board denied the petition.

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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