L.A.C.M.T.A.; Travelers Insurance Company Esteven Tapia WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAESTEVAN TAPIA, Applicant,vs.L.A.C.M.T.A.; TRAVELERS INSURANCECOMPANY, Defendants.Case No. ADJ3564550 (VNO 0402515)OPINION AND ORDER DISMISSING PETITIONS FOR RECONSIDERATION Defendant Los Angeles County Metropolitan Transit Authority (LACMTA) and lien claimant Employment Development Department (EDD) both have filed petitions for reconsideration of the Findings and Award (F&A) of January 11, 2013. On February 15, 2013, in timely response to LACMTA’s petition filed January 31, 2013, the workers’ compensation judge (WCJ), pursuant to WCAB Rule 10859, “vacated” the F&A and ordered that “the case will be set for a status conference.” (Cal. Code Regs., tit. 8, § 10859, WCAB Rules of Practice and Procedure.) Although it does not appear from EAMS that the WCJ also “initiated” further proceedings within 30 days from his order of rescission pursuant to Rule 10859, it is clear that the F&A is no longer extant, and consequently both of the petitions for reconsideration filed herein are moot. Accordingly, we will dismiss both petitions./////////////// , For the foregoing reasons, IT IS ORDERED, that the petitions for reconsideration filed by LACMTA and EDD are dismissed, as moot.WORKERS’ COMPENSATION APPEALS BOARD_________________________________________RONNIE G. CAPLANEI CONCUR,_________________________________________ALFONSO J. MORESI_________________________________________DEIDRA E. LOWEDATED AND FILED AT SAN FRANCISCO, CALIFORNIAAPR 19 2013SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.ESTEVAN TAPIAEDD – CIO ED FUJIMOTOTHEOFANIS, DAVIDSON & SHIGEMITSUSPARAGNA & SPARAGNA”JTL/bea ADJ3564550
Esteven Tapia vs. L.a.c.m.t.a.; Travelers Insurance Company
This case involves a dispute between Estevan Tapia, the applicant, and L.A.C.M.T.A. and Travelers Insurance Company, the defendants. The Employment Development Department (EDD) also filed a petition for reconsideration of the Findings and Award (F&A) of January 11, 2013. The workers' compensation judge (WCJ) vacated the F&A and ordered a status conference. Since the F&A is no longer extant, both petitions for reconsideration are moot and have been dismissed.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3564550
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