PELICAN PRODUCTS and CRUM FORSTER ORANGE, TERESA LICEA, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATERESA LICEA, Applicant,vs.PELICAN PRODUCTS and CRUM FORSTER ORANGE, Defendants.Case No. ADJ3746264 (LBO 0362006)OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION Defendant seeks reconsideration of the Supplemental Findings and Award that issued on February 4, 2009, wherein a workers’ compensation administrative law judge (WCJ) found that applicant is entitled to vocational rehabilitation benefits during the period beginning February 2, 2006 to and including September 5, 2006, and that defendant is estopped to deny applicant’s status as a qualified injured worker (QIW) during said period. In addition, the WCJ found that defendant did not unreasonably delay the provision of vocational rehabilitation services and that applicant did not engage in frivolous tactics. Defendant contends that the WCJ erred in finding that it is estopped to deny applicant’s QIW status, arguing that the issue of estoppel was never raised at the time of the mandatory settlement conference in this case, nor was it raised or litigated at the January 21, 2009 trial. Applicant has not filed an answer to the petition for reconsideration. The WCJ provided a Report and Recommendation on Petition for Reconsideration (Report), in which he recommends that the petition be denied. We have considered defendant’s petition for reconsideration, the WCJ’s report, and the entire record in this matter. For the reasons discussed below, we will grant defendant’s petition for reconsideration, , rescind the WCJ’s Findings and Award, and return this matter to the trial level. On April 14, 2009 we granted reconsideration and issued an order allowing amicus briefs in the case of Lawrence Weiner v. Ralphs Company, permissibly self-insured and Sedgwick Claims Management Services (adjusting agent), WCAB Case No. MON 0305426 (ADJ
Teresa Licea, vs. Pelican Products And Crum Forster Orange,
In this case, the Workers' Compensation Appeals Board granted reconsideration of the Supplemental Findings and Award that issued on February 4, 2009, wherein a workers' compensation administrative law judge (WCJ) found that the applicant was entitled to vocational rehabilitation benefits during the period beginning February 2, 2006 to and including September 5, 2006, and that the defendant was estopped to deny the applicant's status as a qualified injured worker (QIW) during said period. The Board granted reconsideration, rescinded the Findings and Award of February 4, 2009, and returned the matter to the trial level for further proceedings and a new decision consistent with the opinion.
- Filed On:
- Court: California, Long Beach
- Case No. ADJ3746264
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