WCPanelIQ
PanelRemanded

Gurrola, Patricia

PATRICIA GURROLA, Applicant vs. ABM INDUSTRIES, INC., permissibly self-insured, administered by ESIS, Defendants

ADJ number
ADJ11564195
Decision date
Jul 7, 2024
District office
Los Angeles
WCJ
Robert Drakulich (Arbitrator)
Claim administrator
ESIS (administering for ABM Industries, Inc., permissibly self-insured)
Commissioners
JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER
LC §5313LC §5952CCR §10990CCR §10914CCR §10566CCR §10962

Summary

Applicant Patricia Gurrola sought reconsideration of a Findings and Order issued by a workers' compensation arbitrator (WCA) on or about September 30, 2021, which awarded costs and sanctions against her. Applicant argued that the defendant's petition for costs and sanctions should be barred, that the WCA exceeded his authority, and that the decision was untimely. The Appeals Board found it could not conduct meaningful review because the record submitted by the WCA was incomplete—it did not include the challenged decision itself, nor any identification of stipulations, exhibits, or trial issues. Citing Hamilton and due process principles, the Board rescinded the F&O and returned the matter to the trial level for further proceedings, allowing any aggrieved party to seek reconsideration once a new decision issues.

Issues

Member is $25/month or $250/year and includes full case search.

Holding

Member is $25/month or $250/year and includes full case search.

Analysis

Member is $25/month or $250/year and includes full case search.

Applicant takeaway

Member is $25/month or $250/year and includes full case search.

Defense takeaway

Member is $25/month or $250/year and includes full case search.

Provider takeaway

Member is $25/month or $250/year and includes full case search.

Similar decisions

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.

Member is $25/month or $250/year. Subscribe to view similar decisions.