Home/Case Law/TERESA LICEA vs. PELICAN PRODUCTS, CRUM FORSTER ORANGE
Regular DecisionReconsideration

TERESA LICEA vs. PELICAN PRODUCTS, CRUM FORSTER ORANGE

Filed: Apr 24, 2009
San Francisco
ADJ3746264 (LBO 0362006)

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The applicant, Teresa Licea, was awarded vocational rehabilitation benefits from February 2, 2006, to September 5, 2006, with the defendant estopped from denying her qualified injured worker status. The defendant sought reconsideration, arguing that the estoppel issue was not properly raised or litigated. The Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level. This action was taken due to the significant legal issue surrounding the repeal of Labor Code Section 139.5 and its effect on vocational rehabilitation benefits awarded after January 1, 2009. The Board desires to address this threshold jurisdictional question and allow the parties and judge to consider relevant en banc decisions.

Full Decision Text1 Pages

The applicant, Teresa Licea, was awarded vocational rehabilitation benefits from February 2, 2006, to September 5, 2006, with the defendant estopped from denying her qualified injured worker status. The defendant sought reconsideration, arguing that the estoppel issue was not properly raised or litigated. The Appeals Board granted reconsideration, rescinded the award, and returned the matter to the trial level. This action was taken due to the significant legal issue surrounding the repeal of Labor Code Section 139.5 and its effect on vocational rehabilitation benefits awarded after January 1, 2009. The Board desires to address this threshold jurisdictional question and allow the parties and judge to consider relevant en banc decisions.

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