Authorities as the decision cited them, with how this panel applied each one.
Rymer v. Hagler (1989) 211 Cal.App.3d 1171; Safeway Stores, Inc. v. WCAB (Pointer) (1980) 104 Cal.App.3d 528; Kaiser Foundation Hospitals v. WCAB (Kramer) (1978) 82 Cal.App.3d 39; Maranian v. WCAB (2000) 81 Cal.App.4th 1068; Lab. Code § 5904
A final order is one that determines any substantive right or liability or a threshold issue fundamental to the claim for benefits; failure to timely petition for reconsideration bars later challenge.
Applied to find the March 4, 2022 OACR was a final order and not timely challenged.
From the decision · page 11DISCUSSION
Preliminarily, we note that applicant has made no request to rescind or set aside the March
4, 2022 Order Approving Compromise and Release (OACR). Instead, applicant asserts that the
OACR "is not a final order nor does it prevent the applicant from receiving the remaining amount
[of the attorney fees] that are determined not to be reasonable." (Petition for Reconsideration, at
3:3-5, original in full caps, bold, and underlined.)
However, the March 4, 2022 OACR is a final order. A "final" order has been defined as
one that either "determines any substantive right or liability of those involved in the case" (Rymer
v. Hagler (1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals
Bd. (Pointer) (1980) 104 Cal.App.3d 528, 534§ 535 [45 Cal.Comp.Cases 410]; Kaiser Foundation
Hospitals v. Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal. App.3d 39, 45 [43 Cal. Comp.
Cases 661]) or determines a "threshold" issue that is fundamental to the claim for benefits.
(Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65
Cal.Comp.Cases 650].) Failure to timely petition for reconsideration of a final decision bars later
challenge to the propriety of the decision before the WCAB or court of appeal. (See Lab.
Lab. Code § 4906(d); Cal. Code Regs., tit. 8, § 10844
Attorney fees awarded must be reasonable, considering responsibility, care, time expended, and results obtained.
Lab. Code § 5705; Cal. Code Regs., tit. 8, §§ 10421(a), 10510, 10945, 10972
Burden of proof for sanctions rests on the party holding the affirmative; must prove each fact by preponderance of the evidence with specific references to the record.
Applied to deny sanctions against lien claimant for lack of evidence and specificity.
From the decision · page 12Regarding the issue of sanctions against lien claimant, we note that the burden of proof
rests on the party holding the affirmative of an issue. (Lab. Code, § 5705.) In this case, it was
applicant who raised a claim for the imposition of sanctions against lien claimant. However,
applicant did not file a petition asserting the specific allegations in accordance with our rules. (Cal.
Code Regs., tit. 8, § 10421(a), 10510.) Nevertheless, because applicant is seeking the imposition
of a sanction under section 5813, he carried the burden of proof on that issue. To meet that burden,
applicant was required to prove each fact supporting the claim by a preponderance of the evidence.
Moreover, WCAB Rules provide, in relevant part: (1) that "[e]very petition for reconsideration...
shall fairly state all the material evidence relative to the point or points at issue [and] [e]ach
contention contained in a petition for reconsideration... shall be separately stated and clearly set
forth" (Cal. Code Regs., tit. 8, § 10945 and (2) that "a petition for reconsideration... may be
denied or dismissed if it is unsupported by specific references to the record and to the principles
of law involved." (Cal. Code Regs., tit. 8, § 10972.)
Lab. Code § 5311; Code Civ. Proc. § 641; WCAB Rule 10960
Disqualification of a WCJ requires facts sufficient to establish grounds under Labor Code § 5311, WCAB Rule 10960, and Code Civ. Proc. § 641(f) or (g).
Applied to deny applicant's request for disqualification of the WCJ.
From the decision · page 13Here, the Petition does not set forth facts, declared under penalty of perjury, that are
sufficient to establish disqualification pursuant to Labor Code section 5311, WCAB Rule 10960,