State Of California – Department Of Corrections and Rehabilitation Inmate Claims; State Compensation Insurance Fund, Anthony Dennis WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAANTHONY DENNIS, Applicant,vs.STATE OF CALIFORNIA – DEPARTMENT OF CORRECTIONS AND REHABILITATION INMATE CLAIMS; STATE COMPENSATION INSURANCE FUND, Defendants.Case No. ADJ9346293NOTICE OF INTENTION TO SUBMIT FOR DECISION (En Banc)We previously granted reconsideration to provide an opportunity to further study the legal and factual issues raised by the Petition for Reconsideration filed by defendant State Compensation Insurance Fund, which challenges our earlier July 31. 2018 Opinion and Decision After Reconsideration (July 31, 2018 Opinion). This is our Notice of Intention to affirm our July 31, 2018 decision and to allow the Administrative Director an opportunity to provide briefing on the issue of the validity and authority of Administrative Director (AD) Rule 10133.54′ (Cal. Code Regs., tit. 8, § 10133.541 in light of the exclusive jurisdiction of the Workers’ Compensation Appeals Board (WCAB)2 to adjudicate compensation claims under Labor Code* section 5300. 1 AD Rule 10133.54 provides that parties may seek dispute resolution regarding the SJDB program from the Administrative Director AD Rule 10133.54 is quoted n its entirety on pp 9-10.2 For the purposes of this Opinion, reference to the Appeals Board is only to the Office of the Commissioners and reference to the WCAB includes the trial courts and the Appeals Board.5 All subsequent statutory references are to the Labor Code. , To secure uniformity of decision in the future, the Chair of the Appeals Board, upon a unanimous vote of its members, assigned this ease to the Appeals Board as a whole for an en banc decision.4 Based upon our review of the record, defendant s Petition, applicant’s Answer, and the relevant statutes, rules, and case law, we intend to issue a decision holding that: (1) AD Rule 10133.54
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