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PanelLienGranted in Part

Osborn, Wyman

WYMAN OSBORN, Applicant vs. OSBORN CONCRETE CONSTRUCTION INC.; STATE COMPENSATION INSURANCE FUND; SUBSEQUENT INJURIES BENEFITS TRUST FUND, Defendants

ADJ number: ADJ18236958
Decision date: Mar 5, 2026
District office: Lodi
WCJ: —
Claim administrator: State Compensation Insurance Fund
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

LC §5909LC §5900LC §5702LC §4903LC §4906LC §5100.5LC §5813LC §5705LC §3202.5CCR §10803CCR §10961CCR §10832CCR §10700CCR §10205.4CCR §10840CCR §10841CCR §10842CCR §10843CCR §10844CCR §10421

Summary

Applicant's attorney filed petitions for reconsideration after the WCJ approved Stipulations resolving SIBTF liability but awarded a 15% attorney's fee instead of the 25% the parties stipulated to. The WCJ then treated an unsolicited email from applicant's counsel as a petition for reconsideration and rescinded the entire Award, also issuing a sanctions NOI. The Appeals Board held the email was not part of the record of proceedings under WCAB Rule 10803(a) and could not be treated as a petition, rendering the Order Rescinding and Amended Order Rescinding void ab initio. The Board vacated those orders, affirmed the Award (preserving the undisputed SIBTF liability stipulation), but deferred the attorney's fee amount and SIBTF payment, remanding for a hearing on the reasonableness of fees so that applicant's attorney could receive due process.

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.