Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 3201.5
Labor Code section 3201.5 authorizes certain employers and unions to negotiate an alternative dispute resolution system that supplements or replaces the statutory process for resolving workers' compensation disputes, but the Appeals Board retains jurisdiction to review final orders.
The Board granted reconsideration due to lack of clarity on ADR agreement applicability and jurisdiction.
From the decision · page 2I.
We highlight the following legal principles that may be relevant to our review of this
matter:
Labor Code2 section 3201.5 authorizes certain employers and unions to negotiate an
"alternative dispute resolution [ADR] system" that "supplements or replaces" the statutory process
for resolving workers' compensation disputes. However, the Appeals Board retains the
jurisdiction to review final orders, decisions, or awards in the same manner as provided for
reconsideration. (Lab. Code, § 3201.5(a).) On September 27, 2022, we issued an Opinion and
Order Dismissing Petition for Reconsideration noting that the WCJ's July 13, 2022 Findings and
Order was a non-final order and subject to dismissal. The case returns to us now in essentially the
same posture. We note, however, that the parties have not stipulated that this claim is subject to
an ADR agreement, while exhibit 1 contains what appears to be portions of an ADR agreement.
We further note that the parties have not raised the issue of jurisdiction or presented any evidence
as to whether a possible ADR agreement provides for submission of the current issue to the
Workers' Compensation Appeals Board. Due to the lack of clarity in the record, we will grant
reconsideration to further study the factual and legal issues in this case.
Labor Code sections 5907, 5908, 5908.5
The WCAB has continuing jurisdiction over its orders and may rescind, alter, or amend any order, decision, or award for good cause upon notice and hearing.
The Board exercised continuing jurisdiction to grant reconsideration and reopen the matter for further review.
Labor Code section 5901
No cause of action arising out of any final order shall accrue until the Appeals Board sets aside the final order or grants or denies reconsideration.
The Board deferred final decision pending reconsideration, preserving the right to seek writ of review after final decision.
From the decision · page 4Labor Code section 5901 states in relevant part that:
No cause of action arising out of any final order, decision or award made and filed
by the appeals board or a workers' compensation judge shall accrue in any court to
any person until and unless the appeals board on its own motion sets aside the final
order, decision, or award and removes the proceeding to itself or if the person files
a petition for reconsideration, and the reconsideration is granted or denied....
Thus, this is not a final decision on the merits of the Petition for Reconsideration, and we
will order that issuance of the final decision after reconsideration is deferred. Once a final decision
is issued by the Appeals Board, any aggrieved person may timely seek a writ of review pursuant
to Labor Code sections 5950 et seq.