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PanelGranted

Bennett, Pamela

PAMELA BENNETT, Applicant vs. DOLLAR TREE STORES; SAFETY NATIONAL CASUALTY CORP. administered by SEDGWICK, Defendants

ADJ number: ADJ16161110
Decision date: Jun 30, 2024
District office: Redding
WCJ: —
Claim administrator: Sedgwick (administering for Safety National Casualty Corp.)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

LC §4909LC §5310LC §5313LC §5803LC §5903LC §5907LC §5908LC §5908.5LC §5950LC §5952CCR §10615CCR §10843

Summary

Applicant Pamela Bennett sought reconsideration of a WCJ's April 23, 2024 order that summarily granted defendant's petition for credit due to overpayment of temporary disability benefits under Labor Code section 4909, alleging a violation of her due process rights. Applicant also sought to disqualify the WCJ. The Appeals Board found that no evidentiary record had been created on the credit issue—stipulations and issues were not articulated and no evidence was admitted—making it impossible to assess the merits. The Board granted reconsideration, throwing the entire record open, but deferred a final decision on the merits and on the disqualification request pending further review and additional information from the parties.

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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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.