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| Case Name | Kroger Co. v. WCAB (Velasquez) | |
|---|---|---|
| Date | 06/04/2012 | |
| Note | An employer's failure to file a declaration of readiness to proceed along with its notice of appeal of an administrative ruling did not invalidate its timely filed appeal to the Workers' Compensation Appeals Board. | |
| Citation | B236608 | |
| WCC Citation | WCC 39022012 CA |
KROGER COMPANY v. WORKERS' COMPENSATION APPEALS BOARD THE KROGER COMPANY et al. , Petitioners, v. WORKERS' COMPENSATION APPEALS BOARD and GEORGE VELASQUEZ, Respondents. In practice, parties aggrieved by an award of the Rehabilitation Unit had 20 days within which to file a notice of appeal, which went to the WCAB. The Rehabilitation Unit acknowledged, in writing, that the notice of appeal had been filed with the WCAB. Rather, it was the WCAB position that the award was final because petitioners' appeal was defective and of no effect. DISPOSITION The decision of the WCAB is annulled and the cause is remanded with directions to proceed with petitioners' appeal to the WCAB as deemed timely filed.
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