WCPanelIQ
PanelGranted

Blunt, Rebecca

REBECCA BLUNT (dec.), Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION; legally uninsured, adjusted by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number
ADJ10305799
Decision date
Date unavailable
District office
Sacramento
WCJ
—
Claim administrator
State Compensation Insurance Fund (adjusting for legally uninsured California Department of Corrections and Rehabilitation)
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER
LC §5909LC §5900LC §5950LC §5907LC §5908LC §5908.5LC §5803LC §5901CCR §10600

Summary

Defendant CDCR (legally uninsured, adjusted by State Compensation Insurance Fund) sought reconsideration or removal of the Appeals Board's July 22, 2025 'Opinion and Order Granting Petition for Reconsideration' (Grant), arguing the Board lacked jurisdiction because applicant's original petition for reconsideration was allegedly denied by operation of law under Labor Code section 5909. The Board addressed its jurisdiction under amended section 5909, which now runs the 60-day deadline from the date a trial judge transmits a case to the Appeals Board (reflected in EAMS Events), and found it timely acted by the October 20, 2025 deadline. Recognizing a split of authority pending before the California Supreme Court (Mayor v. WCAB, S287261; City of Salinas (Miraco), S293212) on whether a grant-for-further-study is a final order and whether the Board retains jurisdiction beyond 60 days, the Board granted defendant's petition to preserve its rights. The Board emphasized its continuing jurisdiction and that the order is not final on the merits. A final decision after reconsideration was deferred pending further review.

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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