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PanelLienGranted

Brian Morgan — ADJ9941947, ADJ10126834

BRIAN MORGAN, Applicant vs. MONTEREY PENINSULA ENGINEERING; ACE AMERICAN INSURANCE COMPANY, administered by ESIS, Defendants

ADJ number: ADJ9941947, ADJ10126834
Decision date: Jul 19, 2026
District office: Salinas
WCJ: —
Claim administrator: ESIS (administering ACE American Insurance Company)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER

Injury / body parts: brain, head, neck, back

LC §5310LC §3201.5LC §112LC §115LC §5301LC §5900LC §5901LC §5908.5LC §5950CCR §10961CCR §10962CCR §10320CCR §10330

Summary

Lien claimant CALSTAR Air Medical Services filed a Petition for Reconsideration and Petition to Amend a stipulated Award in a case arising under a section 3201.5 ADR (arbitration) program. A WCJ issued an order vacating the trial and deferring both the Petition for Reconsideration and Petition to Amend to the arbitrator. The Appeals Board granted removal on its own motion, holding that only the Appeals Board—not the arbitrator or WCJ—is statutorily authorized to decide a petition for reconsideration, and that the WCJ's order taking the matter off calendar rendered the Petition for Reconsideration moot by operation of law. The Board rescinded the WCJ's order and substituted a new order that deferred only the Petition to Amend Award to the arbitrator, removing any reference to deferring the Petition for 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.

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.