Almaraz Reversal? (California)

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Did CA DWC Director John Duncan overstep his bounds by requesting the WCAB vacate Alamaraz/Guzman?

Poll ended at Sun Apr 26, 2009 9:24 am

Yes
3
60%
No
2
40%
 
Total votes : 5

Almaraz Reversal? (California)

Postby davidd on Fri Mar 27, 2009 9:24 am

As we reported this morning, Duncan in his capacity as director of the Uninsured Employers Benefits Trust Fund and the Subsequent Injuries Benefits Trust Fund, wrote to the WCAB commissioners requesting they vacate the Alamaraz/Guzman decision.

SCIF has requested reconsideration of the decisions (notice - NOT appellate review, see attached).

What's a gambling man to do?
Attachments
ALMARAZ-PETITION_FOR_RECONSIDERATION.pdf
SCIF Almaraz petition for reconsideration
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Re: Almaraz Reversal? (California)

Postby steelmanlaw on Tue Apr 07, 2009 9:24 am

UPDATE: Is this rather bizarre series of events, the Board has apparently agreed to reconsider not only Almaraz/Guzman, but Ogilvie as well. (Based on story in WCCentral this morning.) From a standpoint of appellate jurisprudence, this is all unprecedented. I guess the consolidated en banc decisions were, sort of, stare decisis-lite. Not to be too critical of the parties and institutions involved, in this time of upheaval flowing from post-SB 899 clarification, but none of this is helpful to applicants, employers, insurers, or their respective counsel.
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