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Case Name | Nestle v. WCAB and Ken Ryerson | |
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Date | 01/17/2007 | |
Note | An order dismissing appellant's petition for reconsideration as untimely was unreasonable when reconsideration was sought within 20 days of service of an amended order that effected a substantial and material change in the award and involved a judicial act. | |
Citation | 146 Cal. App. 4th 1104 | |
WCC Citation | WCC 32042007 CA |
A Workers' Compensation judge (WCJ) awarded disability and vocational rehabilitation benefits to respondent Ken Ryerson (Ryerson). FACTS AND PROCEDURAL HISTORY Ryerson worked as a financial analyst for Nestle, which is self-insured for purposes of the workers' compensation law. Ryerson was placed on leave and was diagnosed with chronic cervical and thoracic strain, bilateral cervicobrachial syndrome and repetitive strain injury. On November 8, 2004, Dr. Morley wrote a report clarifying that he had fully released Ryerson in April because Nestle would not allow him to return with any restrictions and Ryerson wanted to resume his duties. Nestle filed a petition for reconsideration on May 4, 2006, 20 days after the amended award was filed and served.
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