WCPanelIQ
En BancMed-legalGranted

Mario Almaraz

MARIO ALMARAZ, Applicant vs. ENVIRONMENTAL RECOVERY SERVICES (a.k.a. ENVIROSERVE); and STATE COMPENSATION INSURANCE FUND, Defendant(s). JOYCE GUZMAN, Applicant, vs. MILPITAS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured; and KEENAN & ASSOCIATES, Adjusting Agent, Defendant(s).

ADJ number
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Decision date
Date unavailable
District office
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WCJ
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Claim administrator
State Compensation Insurance Fund; Keenan & Associates
Commissioners
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LC §133LC §5315LC §5900LC §5902LC §5903LC §5906LC §5907LC §5908LC §5909LC §5911CCR §10230CCR §10232CCR §10341CCR §10842CCR §10845

Summary

The Appeals Board had issued a joint en banc decision on February 3, 2009 addressing whether the AMA Guides portion of the 2005 Permanent Disability Rating Schedule may be rebutted. SCIF filed a timely petition for reconsideration in Almaraz, but no timely petition was filed in Guzman. The Board first determined that its February 3, 2009 decision was a 'final' order because it resolved a 'threshold' issue fundamental to permanent disability benefits, making it subject to reconsideration. The Board granted SCIF's petition in Almaraz and granted reconsideration on its own motion in Guzman, reasoning the two cases were inextricably intertwined and inconsistent en banc results must be avoided. The Board established a briefing schedule including merits briefs, amicus curiae briefs, and consolidated reply briefs, along with detailed procedural requirements for filing. Commissioner Aghazarian concurred but would have additionally stayed the legal effect of the February 3, 2009 decision pending the further en banc opinion.

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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