WCPanelIQ
PanelDismissed

Barnes, Ronnie

RONNIE BARNES, Applicant vs. STATE OF CALIFORNIA, EMPLOYMENT DEVELOPMENT DEPARTMENT, Legally Uninsured, Adjusted by STATE COMPENSATION INSURANCE FUND, STATE EMPLOYEES, Defendants

ADJ number
ADJ4399741
Decision date
Date unavailable
District office
Long Beach
WCJ
Dewayne P. Marshall
Claim administrator
State Compensation Insurance Fund (adjusting for State of California, Employment Development Department, Legally Uninsured)
Commissioners
—

Injury / body parts: right knee, back

LC §5909LC §5900LC §5902LC §5903CCR §10955CCR §10964CCR §10330

Summary

Self-represented applicant Ronnie Barnes filed a petition for reconsideration challenging the WCJ's July 9, 2024 Order Vacating Submission and Setting Further Proceedings, which vacated submission because no evidence had been offered or admitted on the issue the parties submitted (whether AB 227, SB 228, SB 899, and SB 863 amend or alter a January 26, 1984 Award). The parties had declined to offer exhibits at trial, treating it as a purely legal question, but the WCJ found the record incomplete under Hamilton v. Lockheed Corp. The Appeals Board held that the order was an interlocutory procedural/evidentiary decision, not a final order, and therefore not subject to reconsideration. Treating the petition as one for removal, the Board found no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy. The Board dismissed the petition for reconsideration and denied the petition for removal, also rejecting applicant's separate 'objection' for failure to comply with WCAB Rule 10964.

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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