TRAVIS UNIFIED SCHOOL DISTRICT and NORTH BAY SCHOOLS INSURANCE AUTHORITY, SANDRA CONCEPCION, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASANDRA CONCEPCION, Applicant,vs.TRAVIS UNIFIED SCHOOL DISTRICT and NORTH BAY SCHOOLS INSURANCE AUTHORITY, Defendant(s).Case No. ADJ3015096 (STK 0200853)OPINION AND ORDERS GRANTING PETITIONS FOR RECONSIDERATION Brook Beasley (petitioner) seeks reconsideration of the decision we issued on September 28, 2009 wherein we denied his petition to disqualify the workers’ compensation administrative law judge (WCJ) to whom this case is assigned. By separate petition, petitioner also seeks reconsideration of the Finding and Order that issued on October 12, 2009. By that decision, the WCJ found that petitioner owes applicant the sum of $23,165.00, and ordered petitioner to pay that amount to applicant together with applicable interest. Petitioner contends that our opinion and order denying the petition for disqualification of the assigned WCJ denies him due process and that he should be allowed to develop the record further through the presentation of oral argument. Petitioner contends that the October 12, 2009 Finding and Order requiring him to pay applicant $23,165.00 is not supported by substantial evidence. Additionally, petitioner claims that the WCJ erred by failing to consider his timely objection to the September 2, 2009 Notice of Intention to Submit this case for decision. At the outset we note that we have not received a Report and Recommendation (Report) from the WCJ on the petition for reconsideration of the Finding and Order of October 12, 2009.1 1Upon the filing of the petition for reconsideration of our decision denying disqualification, the official WCAB file was transmitted to the Appeals Board. From our review of the electronic record in this case, it does not appear that the WCJ received notification when petitioner filed the petition for reconsideration of the October 12, 2009 Fin
Sandra Concepcion, vs. Travis Unified School District And North Bay Schools Insurance Authority,
In this case, Brook Beasley (petitioner) is seeking reconsideration of two decisions: one denying his petition to disqualify the workers' compensation administrative law judge (WCJ) to whom the case is assigned, and one ordering him to pay $23,165.00 to the applicant, Sandra Concepcion. The Workers' Compensation Appeals Board has granted the petitions for reconsideration in order to further study the factual and legal issues and enable them to reach a just and reasoned decision. The WCJ is also required to prepare a Report on the petition for reconsideration of the Finding and Order of October 12, 2009.
- Filed On:
- Court: California, Stockton
- Case No. ADJ3015096
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