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PanelDismissed

Diane Frankel — ADJ6938596

DIANE FRANKEL, Applicant vs. COTTAGE HEALTH SYSTEM, permissibly self-insured, adjusted by SEDGWICK, Defendants

ADJ number: ADJ6938596
Decision date: May 10, 2021
District office: Oxnard
WCJ: —
Claim administrator: Sedgwick (administering for Cottage Health System, permissibly self-insured)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §5909LC §5900LC §5902LC §5903CCR §10843CCR §10955

Summary

Defendant Cottage Health System (self-insured, adjusted by Sedgwick) filed a Petition for Reconsideration and/or Removal challenging the WCJ's January 7, 2021 decision. The Appeals Board first addressed timeliness under Labor Code section 5909, finding its failure to act within 60 days was due to procedural error and the time to act was tolled under Shipley. The Board determined the WCJ's decision resolved only intermediate procedural/evidentiary issues and was not a 'final' order subject to reconsideration, so it dismissed the petition to that extent. The Board also denied removal, finding defendant failed to show substantial prejudice or irreparable harm, particularly because no decision had yet issued regarding enforcement of the 2020 Stipulation and Award/Order.

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.