WCAB Grants Reconsideration in Almaraz/Guzman and Ogilvie

Thursday, April 9, 2009 | 0

By Julius Young

The WCAB has granted reconsideration in the Almaraz, Guzman and Ogilvie cases (see a link below post to this week's en banc decisions).

In doing so, the WCAB has adopted a briefing schedule for the parties in each case to submit additional arguments.

Moreover, the WCAB announced that any interested person or entity may file an amicus brief in the cases. This week's en banc decisions specify the time limits (Friday, May 1, 2009) and other briefing rules that have been set by the WCAB.

A concurring opinion by Commissioner Aghazarian notes that he would stay the legal effect of Ogilvie and the Almaraz and Guzman decisions.

Since the en banc decision does not provide for this, it appears that at the moment there is no stay in effect on application of Ogilvie and Almaraz/Guzman to pending cases.

Presumably, Monday''s action makes the Petition for Writ of Review filed at the 6th District Court of Appeal in Guzman moot.

In Ogilvie both the applicant and defendant had filed petitions for reconsideration. It's no surprise that the WCAB has granted reconsideration in that case and ordered that amicus briefs be allowed.

In Almaraz, SCIF had filed a Petition for Reconsideration. But the defendant in Guzman did not file a Petition for Reconsideration. Yet, the Board is granting reconsideration in Guzman on its own motion. That makes great sense, as the result in Guzman and Almaraz depends on similar legal principles.

So while Monday's action may have come as a shock to some, it's not a big surprise to this observer.

The DIR's director, John Duncan, had issued a call for such an approach.

My last blog entry, "Dear John" is a fantasy pen pal response to Mr. Duncan's letter to the WCAB (note that I doubt the WCAB's action was affected by Duncan's letter). You can see that post by clicking here:
http://workerscompzone.com/index.php?en ... 403-214931

The Almaraz recon order is here:
http://www.dir.ca.gov/wcab/EnBancdecisi ... il2009.pdf

The Ogilvie recon order is here:
http://www.dir.ca.gov/wcab/EnBancdecisi ... il2009.pdf

Stay tuned.


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Julius Young is an applicants' attorney with Boxer & Gerson LLP in Oakland. This column was reprinted with his permission from his blog, http://www.workerscompzone.com
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