WCPanelIQ
PanelRemanded

Julie Santucci — ADJ11137938

JULIE SANTUCCI, Applicant vs. KAISER FOUNDATION HEALTH PLAN, Permissibly Self-Insured; Administered by SEDGWICK CLAIMS MANAGEMENT SERVICES, Defendants

ADJ number
ADJ11137938
Decision date
Oct 19, 2022
District office
Oakland
WCJ
—
Claim administrator
Sedgwick Claims Management Services (administering for Kaiser Foundation Health Plan, permissibly self-insured)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, MARGUERITE SWEENEY, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5909CCR §10961

Summary

While defendant's timely-verified petition for reconsideration of the WCJ's March 29, 2021 decision was pending, the parties reached a proposed settlement. The Appeals Board addressed the threshold issue that it had failed to act on the petition within the 60-day window required by Labor Code section 5909, finding that this failure resulted from a clerical error by the district office rather than any fault of the parties. Relying on Shipley, the Board held that its time to act was tolled. Because the district office is barred from acting on a case pending reconsideration under CCR section 10961, the Board rescinded the WCJ's decision and returned the matter to the trial level so the WCJ could consider the proposed settlement.

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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