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SignificantDismissed

Ramon Becerra

ADJ number: —
Decision date: Jul 16, 1997
District office: San Francisco
WCJ: —
Claim administrator: Hartford Accident & Indemnity Company
Commissioners: —

Injury / body parts: head, spine, extremities

LC §3201.5LC §5900LC §5909CCR §10865

Summary

Ramon Becerra, a laborer, allegedly suffered injuries to his head, spine, and extremities on January 26, 1996, when a beam fell on his head. His attorney filed an Application for Adjudication on May 2, 1996. Defendants petitioned to dismiss the Application because the injury was covered by the alternative dispute resolution (ADR) system under Labor Code section 3201.5, established through a collective bargaining agreement. After the WCR declined to dismiss, defendants sought reconsideration, which the Board initially granted to allow study within the 60-day window of section 5909. The Board ultimately held that a refusal to dismiss is not a final order subject to reconsideration, so it vacated the reconsideration order and dismissed the petition, but granted removal and dismissed the Application, finding no Application was necessary under the section 3201.5 ADR carve-out.

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.