ADJ16839738 — California WCAB decision

What the panel ordered

Petition for reconsideration granted; final decision after reconsideration deferred pending further review.

Petition for reconsideration filed by applicant and granted by the Appeals Board, with final decision deferred pending further review of merits and record.

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What was disputed, and how it came out

Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.

Reconsideration / removalApplicant prevailed

The Appeals Board granted the petition for reconsideration and deferred final decision pending further review of the merits and record.

From the decision · page 1Applicant has filed a petition for reconsideration (Petition) of the Findings of Fact and Order issued and served by the workers' compensation administrative law judge (WCJ) on May 29, 2024. In that decision, the WCJ found that applicant sustained an injury arising out of and in the course of her employment to her psyche in the form of post-traumatic stress disorder (PTSD) during the alleged cumulative trauma period ending on July 4, 2022. The WCJ further found that applicant's injury was shown to be substantially caused by a lawful, nondiscriminatory and good faith personnel action, and ordered applicant's injury claim barred by the affirmative defense found in Labor Code section 3208.3(h).

The rules the panel named

Authorities as the decision cited them, with how this panel applied each one.

Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal. 724

Petition for reconsideration reopens the entire record for further consideration and determination.

The Appeals Board granted reconsideration and deferred final decision to allow full review of the merits and record.

From the decision · page 5A grant of reconsideration has the effect of causing "the whole subject matter [to be] reopened for further consideration and determination" (Great Western Power Co. v. Industrial Acc. Com. (Savercool) (1923) 191 Cal. 724, 729 [10 I.A.C. 322]) and of "[throwing] the entire record open for review." (State Comp. Ins. Fund v. Industrial Acc. Com. (George) (1954) 125 Cal.App.2d 201, 203 [19 Cal.Comp.Cases 98].) Thus, once reconsideration has been granted, the Appeals Board has the full power to make new and different findings on issues presented for determination at the trial level, even with respect to issues not raised in the petition for reconsideration before it. (See Lab. Code, § 5907, 5908, 5908.5; see also Gonzales v. Industrial Acci. Com. (1958) 50 Cal. 2d 360, 364.) ["[t]here is no provision in chapter 7, dealing with

Labor Code section 5803

The WCAB has continuing jurisdiction and may rescind, alter, or amend any order, decision, or award for good cause.

The Appeals Board exercised continuing jurisdiction to grant reconsideration and defer final decision.

From the decision · page 6proceedings for reconsideration and judicial review, limiting the time within which the commission may make its decision on reconsideration, and in the absence of a statutory authority limitation none will be implied."]; see generally Lab. Code, § 5803 ["The WCAB has continuing jurisdiction over its orders, decisions, and awards.... At any time, upon notice and after an opportunity to be heard is given to the parties in interest, the appeals board may rescind, alter, or amend any order, decision, or award, good cause appearing therefor.].)

ADJ16839738 · August 12, 2024

What the panel ordered

What was disputed, and how it came out

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The facts that decided it

What the panel did with the medical opinions

The rules the panel named

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