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PanelDenied

Michael Townsend — ADJ10521066

MICHAEL TOWNSEND, Applicant vs. CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, legally uninsured, Defendants

ADJ number: ADJ10521066
Decision date: Mar 1, 2021
District office: San Diego
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR, CRAIG SNELLINGS, COMMISSIONER

LC §5909LC §5904CCR §10843CCR §10955

Summary

The CDCR, legally uninsured, filed a petition challenging the WCJ's October 16, 2020 Findings and Order, which included findings on employment and AOE/COE. The Appeals Board first addressed its delayed action under Labor Code section 5909, invoking Shipley to hold that its time to act was tolled because it failed to act within 60 days through no fault of the parties. The Board determined that the decision was a 'hybrid' order containing both final (threshold) and interlocutory issues, but that the petitioner only challenged an interlocutory order regarding development of the record, so the removal standard applied. Finding no showing of significant prejudice or irreparable harm, the Board denied the petition as one seeking reconsideration.

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.