Recon granted for study-timeframe (California)

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Recon granted for study-timeframe (California)

Postby wcscout on Thu Jul 13, 2017 10:58 am

Anyone had experience as far as timelines when a recon is granted for further study? Curious when to expect further decision.
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Re: Recon granted for study-timeframe (California)

Postby vampireinthenight on Thu Jul 13, 2017 12:25 pm

I once waited a year. Only to have it then denied by split decision. :shock:
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Re: Recon granted for study-timeframe (California)

Postby wcabdefense on Fri Jul 14, 2017 12:18 pm

Interesting. About 15 years ago, I had a Rehabilitation Issue granted Reconsideration for Study. Ultimately, I received a Decision reversing the Trial finding at around 12-13 months. I have filed about 40 Reconsideration Petitions since then, and they almost all had Decisions or Denials issued within the 60 days. However, my last 2 Reconsideration Petitions (within the last 90 days) have both been Granted for Study. I do not know if that is an anomaly or a sign that the Dam is preparing to burst on legitimate issues requiring review.

The Recon Unit has been overworked and understaffed since recent memory, but are any of you other Litigators noticing a change in the actual review process?
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Re: Recon granted for study-timeframe (California)

Postby wcabdefense on Wed Jun 27, 2018 8:06 am

I had 2 Reconsideration Petitions pending on Study a year ago. One was denied with an Adopt/Incorporate one sentence comment after a year. It is now pending on Writ of Appeal, because I think the cited statute should have been addressed by someone as applicable/non-applicable. Ignoring the statute does not give guidance to anyone, which is essentially the point of Appeals. The other Grant for Study is still pending after 13 months, although there is clear CA Supreme Court authority on the matter. I sent a tickler letter 6 months ago, and the WCAB assured me that the pending Reconsideration Petition had not fallen behind the desk. All we can do is wait...
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Re: Recon granted for study-timeframe (California)

Postby LawAdvocate on Wed Jun 27, 2018 8:48 am

Our office had a decision pending for over 18 months. They are woefully understaffed, so we wait.
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Re: Recon granted for study-timeframe (California)

Postby jpod on Wed Jun 27, 2018 9:45 am

I had to wait two years for one too....
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Re: Recon granted for study-timeframe (California)

Postby mytwocents on Sat Jun 30, 2018 11:27 am

Where the WCAB panel’s decision requires an opinion, that task is assigned to a staff attorney. Sometimes, things slip between the cracks or the staff attorney attends to other cases with deadlines looming. Send an email to the Secretary of the WCAB with copies to all of the other parties and inquire into the status. If the liens aren't at issue in the petition for reconsideration, you don't have to copy the lien claimants. That may be sufficient to get them to issue your decision.
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Re: Recon granted for study-timeframe (California)

Postby wcabdefense on Thu Jul 05, 2018 11:59 am

The WCC Article (7/3/2018) about Anne Schmitz moving to the State Bar Court has some comments on the Reconsideration Appeal backlog. There was a little bit of insight into the current load and progress in moving stale cases.
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Re: Recon granted for study-timeframe (California)

Postby wcabdefense on Thu May 23, 2019 8:38 am

RECON Update:
I pulled a Public Records Act request on the pending Recon Petitions in February 2019. 535 Petitions were older than 60 days, and inferentially granted for Review. There were 222 that were pending for more than 1 year. 56 were older than 2 years. 22 were older than 3 years. None were over 4 years, but 3 were pending 3 years 11 months at the time of the run. So...it probably will not take 4 years, but it could easily go beyond a year. It looks like about 90% have been decided by the 2 year mark. I have one that has now been pending for 2 years, so your mileage may vary.
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Re: Recon granted for study-timeframe (California)

Postby armenta@englishlloyd.com on Fri May 24, 2019 5:57 am

wcabdefense: Thanks, that is interesting data. I wonder of a records act request will provide us the staffing level for the research attorneys, paralegals, clerks, etc. Clearly there is bottleneck somewhere that needs to be fixed.
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