Furlough Fridays and Recon deadline (California)

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Re: Furlough Fridays and Recon deadline (California)

Postby zacko1 on Mon May 04, 2009 3:54 pm

DO the new 2009 edition regs now allow 30 days for a Pet for Recon? It seems the new regs indicate 30 days...
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Re: Furlough Fridays and Recon deadline (California)

Postby Puzzled on Tue May 05, 2009 4:18 pm

Can you be more specific than that?
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Re: Furlough Fridays and Recon deadline (California)

Postby steelmanlaw on Fri May 08, 2009 2:41 pm

Puzzled, read the latest version of 19840. (As suggested by another blogger.)

There is only one choice is each circumstance: (1) if the recon or removal is from the Trial Level, then only filing at the District Office from which the decision issued is effective filing; (2) if the recon or removal is from an Appeals Board decision on recon or removal, then only filing at the Appeals Board, 455 Golden Gate Ave., 9th Floor, downtown San Francisco is effective filing. Filing elsewhere in either circumstance is both ineffective and a waste of paper and filing costs.

Can't make it any more straightforward. Yes, there was a time in a previous lifetime when other rule or rules applied, but not now.
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Re: Furlough Fridays and Recon deadline (California)

Postby steelmanlaw on Fri May 08, 2009 2:43 pm

correction - 19840 = 10840.
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Re: Furlough Fridays and Recon deadline (California) (California

Postby stewshe@comcast.net on Sat May 09, 2009 6:01 am

steelmanlaw,

Normally, going to the "Labor Code Book" (properly the Workers' Compensation Laws of California by Matthew Bender/LexisNexis and quoting from it is sufficient for most tasks. Here, however, the relevant code section was amended after the 2009 book went to the printer. The following is from http://www.lexis.com/

>>
TOC: Barclays Official California Code of Regulations > / . . . / > . . . / TITLE 8. INDUSTRIAL RELATIONS > DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS > CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION > SUBCHAPTER 2. WORKERS' COMPENSATION APPEALS BOARD--RULES AND PRACTICE PROCEDURE / . . .
ARTICLE 17. RECONSIDERATION, REMOVAL, AND DISQUALIFICATION > § 10840. Filing Petitions for Reconsideration, Removal, and Disqualification and Answers

Terms: Heading(TITLE 8. INDUSTRIAL RELATIONS) AND SECTION(10840) (Edit Search | Suggest Terms for My Search)

8 CCR 10840

BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS
Copyright © 2009 by Barclays Law Publishers
All rights reserved

* THIS DOCUMENT IS CURRENT THROUGH REGISTER 2009, NO. 16, APRIL 17, 2009 *

TITLE 8. INDUSTRIAL RELATIONS
DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS
CHAPTER 4.5. DIVISION OF WORKERS' COMPENSATION
SUBCHAPTER 2. WORKERS' COMPENSATION APPEALS BOARD--RULES AND PRACTICE PROCEDURE
ARTICLE 17. RECONSIDERATION, REMOVAL, AND DISQUALIFICATION

8 CCR 10840 (2009)

§ 10840. Filing Petitions for Reconsideration, Removal, and Disqualification and Answers

(a) Except as provided in sections 10865 and 10953, petitions for reconsideration, removal, or disqualification and answers thereto may be filed with any district office of the Workers' Compensation Appeals Board or with the office of the Appeals Board in San Francisco. Duplicate copies of petitions filed with a district office shall not also be filed with any other district office or with the Appeals Board in San Francisco.

(b) Except as provided in sections 10865 and 10953, the following persons and entities may file petitions for reconsideration, removal, or disqualification (and answers thereto) electronically within EAMS:

(a) a party, lien claimant, attorney, or other representative who has been assigned an individual EAMS login and password by the Division of Workers' Compensation as part of an electronic filing trial group; and

(b) a law firm, an insurance company, a self-insured employer, a third party administrator, or lien claimant who has been assigned an organizational EAMS login and password by the Division of Workers' Compensation as part of an electronic filing trial group.

AUTHORITY:

Note: Authority cited: Sections 133, 5307, 5309 and 5708, Labor Code. Reference: Sections 5900, 5902 and 5905, Labor Code.

HISTORY:

1. Repealer and new section filed 12-16-92; operative 2-1-93 and exempt from OAL review pursuant to Government Code section 11351 (Register 92, No. 51).

2. Amendment of section heading and text filed 12-23-93; operative 1-1-94. Submitted to OAL for printing only pursuant to Government Code section 11351 (Register 93, No. 52).

3. Amendment of article heading, section heading, section and Note filed 11-17-2008; operative 11-17-2008. Submitted to OAL for printing only (Register 2008, No. 47).

<<

Note it was filed and operative 11/17/08.
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
[Ask about discounts now available!]
Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
Ph/Fax 559-291-3238
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Re: Furlough Fridays and Recon deadline (California)

Postby stewshe@comcast.net on Sat May 09, 2009 6:28 am

zacko1,

L.C. §5903 still allows 20 days for filing a Petition for Reconsideration.

If service of the award to be reconsidered is by mail in California, there is an initial 5 days for receipt of that award per the Code of Civil Procedure §1013 which gives a total of 25 days from the date of the decision.
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
[Ask about discounts now available!]
Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
Ph/Fax 559-291-3238
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Re: Furlough Fridays and Recon deadline (California)

Postby steelmanlaw on Mon May 11, 2009 1:10 pm

Stew, I stand (or in this instance sit) corrected. With the advent of EAMS, this makes total sense as anything scanned anywhere by a Board clerical staff person is available in the applicable server.

Kudos to the Code maven!
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Re: Furlough Fridays and Recon deadline (California)

Postby TC on Tue May 26, 2009 5:50 pm

8 CCR 10840 was ameneded 11-17-2008. It now indicates:
Except as provided in sections 10865 [recon of arbitration decision] and 10953 [petition appealing audit penalty assessment], petitions for reconsideration, removal, or disqualification and answers thereto may be filed with any district office of the Workers' Compensation Appeals Board or with the office of the Appeals Board in San Francisco. Duplicate copies of petitions filed with a district office shall not also be filed with any other district office or with the Appeals Board in San Francisco.
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Re: Furlough Fridays and Recon deadline (California)

Postby Puzzled on Tue May 26, 2009 8:48 pm

Quite a professional post, worth waiting for. Thanks, TC.
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