Home/Case Law/BEN BARSKY vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By SEDGWICK CMS For LEGION INSURANCE In Liquidation, BIG BROTHER PRODUCTIONS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA
Regular DecisionWorkers' Compensation

BEN BARSKY vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By SEDGWICK CMS For LEGION INSURANCE In Liquidation, BIG BROTHER PRODUCTIONS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

Filed: Feb 27, 2012
Marina Del Rey
ADJ2319575

CompFox AI Summary

This case involves a defendant's Petition for Removal which the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. The WCAB clarified that a Petition for Reconsideration, not Removal, is the correct procedural vehicle to challenge substantive findings by a Workers' Compensation Judge (WCJ). Even if treated as a Petition for Reconsideration, the filing was still deemed late. Therefore, the WCAB dismissed the defendant's petition for failing to meet timeliness requirements.

Full Decision Text1 Pages

This case involves a defendant's Petition for Removal which the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. The WCAB clarified that a Petition for Reconsideration, not Removal, is the correct procedural vehicle to challenge substantive findings by a Workers' Compensation Judge (WCJ). Even if treated as a Petition for Reconsideration, the filing was still deemed late. Therefore, the WCAB dismissed the defendant's petition for failing to meet timeliness requirements.

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BEN BARSKY vs. FILM PAYMENT SERVICES, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, By SEDGWICK CMS For LEGION INSURANCE In Liquidation, BIG BROTHER PRODUCTIONS, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA (2012) – Marina Del Rey | CompFox