County Of Los Angeles/Lac-Usc Medical Center, Permissibly Self-Insured; Tristar Risk Management, Rodolfo Tirona, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIARODOLFO TIRONA,Applicant,vs.COUNTY OF LOS ANGELES/LAC-USC MEDICAL CENTER,permissibly self-insured; TRISTAR RISK MANAGEMENT,Defendants.Case No. ADJ3627123 (VN0040SSOS)OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATION AND DECISION AFTER RECONSIDERATION On April 6, 2017, defendant filed a petition for reconsideration of the Order Allowing Lien issued by a workers’ compensation administrative law judge (WCJ) on March 16, 2017. On April 25, 2017, the WCJ issued an order vacating the Order. WCAB Rule 10859 (Cal. Code Regs., tit. 8, § 10859) states in pertinent part that: “[a]fter apetition for reconsideration has been timely filed, a WCJ may, within the period of fifteen (15) days following the date of filing of that petition for reconsideration, amend or modify the order, decision or award or rescind the order, decision or award and conduct further proceedings …. ” Here, the order vacating was dated April 19, 2017, but was served on April 25, 2017, 19 days after the petition for reconsideration was filed. Consequently, since the time elapsed, the order vacating is void. However, as it is clear that the WCJ intended to timely rescind the Order Allowing Lien and the late service appears to have been a clerical mistake, we will grant reconsideration so as to affirm the order vacating. Accordingly, we grant defendant’s Petition for Reconsideration and affirm the order vacating.//////////// , For the foregoing reasons, IT IS HEREBY ORDERED that defendant’s petition for reconsideration of the Order Allowing Lien issued by a workers’ compensation administrative law judge on March 16, 2017 is GRANTED. IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers’ Compensation Appeals Board that the Order After Filing Petiti
Rodolfo Tirona, vs. County Of Los Angeles/lac-usc Medical Center, Permissibly Self-insured; Tristar Risk Management,
In this case, the Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of an Order Allowing Lien issued by a workers' compensation administrative law judge on March 16, 2017. The WCAB affirmed the order vacating the Order Allowing Lien issued by the WCJ on April 25, 2017. The order was served on April 25, 2017, 19 days after the petition for reconsideration was filed, but the late service appears to have been a clerical mistake.
- Filed On:
- Court: California, Van Nuys
- Case No. ADJ3627123
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