What the panel ordered
Order granting reconsideration vacated; petition for reconsideration dismissed; removal granted; Application for Adjudication dismissed.
Application for Adjudication filed May 2, 1996, alleging injury on January 26, 1996; defendants filed petition for dismissal and petition for reconsideration; Appeals Board granted reconsideration but later vacated that order and granted removal, dismissing the Application.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board lacks jurisdiction to entertain an Application for Adjudication under the alternative dispute resolution process of Labor Code section 3201.5 until an arbitrator's decision is issued and a petition for reconsideration is filed. The Application was premature and unnecessary, so dismissal was proper.
From the decision · page 318 It is premature to file either an Application or a petition for
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.