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California Workers’ Comp. question; Reconsideration

Anaheim, CA |

I won an Award of 75%. The QME gave me 100% PD. There are at least 4 reasons why the WCJ should not have apportioned the 25%. I did a Petition for Reconsideration for 1 of the 4, and was denied. Can I use this Exception in Navarro to file a 2nd Petition?
(Navarro v. A&A Farming, et al. (2002) 67 Cal.Comp.Cases 296; (En Banc).

"[O]rdinarily a person may not petition for reconsideration of an order denying reconsideration. If one party prevails in the original hearing and on [reconsideration] the other party prevails, the first party may petition for [reconsideration) of the order made on [reconsideration] because he has for the first time become the aggrieved party."
Applicant prevailed in the original Hearing;

I won the Award The F&A says: AWARD / AWARD IS MADE in favor of (Applicant) against (Defendant)…” a. permanent disability award… The Denial from the WCAB DID NOT say: Findings and Award issued by the workers’ compensation administrative law judge on… 2013, be, and it is hereby, AFFIRMED The Award actually says; “a. permanent disability award, after apportionment, of 75%” I Petitioned the Apportionment, not the 75%. The actual Denial was less than a page, there is nothing in it to Appeal, no facts no Discussion nothing.

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Attorney answers 2

Best Answer
Posted

You lost at trial; you lost on recon. You can appeal to District Court of Appeal: see http://www.wcwebzine.com/a-z/appealsreconsiderationwrits.htm

Asker

Posted

I won the Award The F&A says: AWARD / AWARD IS MADE in favor of (Applicant) against (Defendant)…” a. permanent disability award… The Denial from the WCAB DID NOT say: Findings and Award issued by the workers’ compensation administrative law judge on… 2013, be, and it is hereby, AFFIRMED

Marjory Harris

Marjory Harris

Posted

You won 75% which you attempted to reverse on recon. I meant you lost on apportionment at trial and you lost on apportionment on recon. Only recourse is writ, which will likely be denied also.

Asker

Posted

The Award actually says; “a. permanent disability award, after apportionment, of 75%” I Petitioned the Apportionment, not the 75%. The actual Denial was less than a page, there is nothing in it to Appeal, no facts no Discussion nothing.

Posted

If you are determined to appeal you should consult with a workers compensation attorney to see if they can assist you.

If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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