WCPanelIQ
PanelLienDismissed

Ramirez, Paul Steve

PAUL STEVE RAMIREZ; P. STEVE RAMIREZ VOCATIONAL SERVICES, LLC, Applicant vs. DEPARTMENT OF INDUSTRIAL RELATIONS, ANTI-FRAUD UNIT, Defendants

ADJ number
—
Decision date
Date unavailable
District office
—
WCJ
Jesus R. Perez
Claim administrator
—
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §139.21CCR §9788.3

Summary

Lien claimants Paul Steve Ramirez and P. Steve Ramirez Vocational Services, LLC sought reconsideration from the WCAB of a Determination and Order Re: Suspension issued by the Administrative Director under Labor Code section 139.21, which suspended them from participating in the California workers' compensation system. The AFU argued, citing Rule 9788.3(f), that appeals from such suspension orders must be made to the Superior Court by writ, not to the Appeals Board. The Board concurred, holding that the Legislature vested the Administrative Director, not the Appeals Board, with authority over suspension hearings and provided no appellate review by the WCAB. The Board found it lacked jurisdiction and dismissed the Petition for Reconsideration, noting the proper remedy is a writ of review in Superior Court under Code of Civil Procedure section 1067 et seq.

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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