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PanelLienRemanded

Merrill, Donald

DONALD MERRILL, Applicant vs. DEPARTMENT OF STATE HOSPITALS ATASCADERO; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ17180418
Decision date: Sep 12, 2023
District office: San Luis Obispo
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: CRAIG SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: psyche

LC §5900LC §5902LC §5903LC §5313CCR §10964CCR §10955CCR §10803CCR §10787

Summary

Applicant, a registered nurse, filed a claim for a specific psyche injury on November 6, 2021. After EDD began garnishing applicant's tax refunds to recoup an asserted lien, applicant filed a DOR seeking WCAB intervention. At a September 13, 2023 status conference—at which EDD was not yet a party—the PWCJ issued an Order directing EDD to file and perfect any lien and defer collection procedures. Defendant petitioned for reconsideration. The Appeals Board dismissed the Petition for Reconsideration because the Order was not a final order, granted the petition as a Petition for Removal, and rescinded the Order because the minutes of hearing were skeletal and the record contained no summary of evidence to support the WCJ's decision, remanding the matter for further proceedings.

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.