Donna Yee Sanchez

In two consolidated cases, the WCAB en banc addressed what parties and the Board may do before an application for adjudication has been filed. In Yee-Sanchez, defendant PMG petitioned for removal to rescind a PWCJ order directing it to file an application; in Piatt, CIGA sought reconsideration of $500 in sanctions imposed for pre-application discovery abuses. The Board held that, except for injuries between January 1, 1990 and December 31, 1993, the WCAB has no jurisdiction until an application (not merely a claim form) is filed, so it cannot hold hearings, issue orders, or permit compelled discovery beforehand. The Board dismissed PMG's petition (finding the order to file was void ab initio and moot, and that PMG likely did not breach its duty because it paid PD per the treating physician's rating) and affirmed the sanctions against CIGA for taking depositions before any application was filed. The Board also clarified that a defendant need not file an application if it is paying PD in accordance with the treating physician, panel QME, or AME.