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Handling Pending Appeals Following Earley v. WCAB

Posted by Sure S. Log on Aug 16, 2023 9:58:42 AM

On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers' Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. The court held that grant-for-study orders violated Labor Code § 5908.5. But it also held that the WCAB is not required to issue a final ruling on the merits within 60 days. This case was discussed in detail in our previous article.

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Topics: Reconsideration, Petition for Reconsideration, Earley

Special Report: Appellate Court Invalidates WCAB's Practice of Granting Reconsideration for Further Study

Posted by Sure S. Log on Aug 2, 2023 3:17:14 PM

On Aug. 1, 2023, the 2nd District Court of Appeal issued its decision in Earley v. WCAB invalidating the long-standing practice of the Workers' Compensation Appeals Board (WCAB) to grant petitions for reconsideration without first deciding whether reconsideration is warranted. It held that pursuant to Labor Code § 5908.5, the WCAB must state in detail the reasons for its decision to grant reconsideration and the evidence that supports it. But it also held that the WCAB is not required to issue a final ruling on the merits within 60 days.

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Topics: Petition for Reconsideration, further study, LC 5908.5, LC 5909

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