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| Case Name | Pendergrass v. Duggan Plumbing | |
|---|---|---|
| Date | 04/06/2007 | |
| Note | If section 4660(d) is to be construed so as to effectuate the Legislature's intent to provide relief 'at the earliest possible time', it must be construed in the manner that ensures that the revised rating schedule applies 'at the earliest possible time.' | |
| Citation | 72 CCC 456 | |
| WCC Citation | WCC 32132007 CA |
WORKERS' COMPENSATION APPEALS BOARD STATE OF CALIFORNIA Case No. SAL 0110868 OPINION AND ORDER GRANTING RECONSIDERATION AND DECISION AFTER RECONSIDERATION (EN BANC) JOSH PENDERGRASS, Applicant, vs. DUGGAN PLUMBING; and STATE COMPENSATION INSURANCE FUND, Defendant. Defendant, being newly aggrieved, seeks reconsideration of the en banc decision issued by the Appeals Board on January 24, 2007. The three dissenting commissioners disagreed with the majority's interpretation of section 4660(d), and would have affirmed the WCJ's decision. The Labor Code expressly allows an aggrieved party to seek reconsideration of any final decision "made and filed by the appeals board" (Lab. Therefore, we would deny reconsideration of the Opinion and Order Granting Reconsideration and Decision After Reconsideration of January 24, 2007.
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