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PanelDismissed

Nawabi, Abdul

ABDUL NAWABI, Applicant vs. CYPRESS INSURANCE COMPANY, administered by BERKSHIRE HATHAWAY HOMESTATE COMPANIES for its insured TRI CITY ECONOMIC DEVELOP CORPORATION, Defendants

ADJ number: ADJ12007786
Decision date: Date unavailable
District office: Oakland
WCJ: —
Claim administrator: Berkshire Hathaway Homestate Companies (administering for Cypress Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5803LC §5804LC §5701LC §5906LC §5903LC §5952LC §5313LC §5908.5CCR §10400CCR §10700

Summary

Abdul Nawabi, through a non-attorney individual named S. Yvonne Bailey who had not filed a Notice of Representation, filed a Petition for Reconsideration. The Board found it was unable to evaluate the petitioner's contentions because there was no record before it. Citing the WCAB's continuing jurisdiction and the requirement that decisions be based on admitted evidence and supported by substantial evidence, the Board dismissed the petition as premature. The matter was returned to the trial level for the WCJ to set a status conference and determine, among other things, the relationship between applicant and Bailey, whether the petition should be treated as a petition to set aside or enforce the prior settlement, and whether a hearing is needed to develop a record.

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.