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PanelGranted

Cross, Marla

MARLA CROSS, Applicant vs. STATE OF CALIFORNIA; DEPARTMENT OF TRANSPORTATION DEPARTMENT OF REHABILITATION, Defendants

ADJ number: ADJ769213
Decision date: Apr 9, 2023
District office: Fresno
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

LC §5900LC §5902LC §5903LC §5952LC §5500.5CCR §10566CCR §10600CCR §10750CCR §10787CCR §10670CCR §10803

Summary

Applicant Marla Cross sought reconsideration/removal of a January 24, 2023 Minute Order from the Fresno District Office documenting her election to proceed against the State of California Department of Transportation (CalTrans) under Labor Code section 5500.5(c). The WCAB treated the petition as one seeking reconsideration because the election was a threshold issue, but found there was no evidentiary record upon which to determine the liability for benefits the Minute Order alluded to. Citing Hamilton v. Lockheed Corporation, the Board emphasized that all decisions must be supported by substantial evidence in a proper record. The Board granted reconsideration, rescinded the Minute Order, and substituted its own order preserving applicant's election against CalTrans under section 5500.5(c) while deferring all other issues. The matter was returned to the trial level 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.

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.