Home/Case Law/FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.
Regular DecisionReconsideration

FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC.

Filed: Feb 17, 2017
Santa Ana
ADJ9660632

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted reconsideration and rescinded a prior Minute Order that dismissed the applicant's case. The WCJ had found the WCAB lacked jurisdiction due to an alternative dispute resolution (ADR) agreement and directed parties to present the jurisdiction issue to an arbitrator. However, the WCAB found the WCJ's dismissal order lacked reasoning and evidence, failing to comply with legal requirements for a decision. The case is returned to the trial level for further proceedings and a new decision, to determine jurisdiction and whether the applicant's case should be reopened before the WCAB.

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FRANCISCO SANCHEZ vs. MERCHANTS BUILDING MAINTENANCE dba GUARD SYSTEMS, INC., CLAIMQUEST, INC. (2017) – Santa Ana | CompFox