Aldi v. Carr, McClellan, Ingersoll, Thompson & Horn (2006) 71 Cal.Comp.Cases 783, 784, fn. 2 (Appeals Board en banc)
A decision including resolution of a threshold issue is a final decision subject to reconsideration rather than removal.
The WCJ's decision included a threshold issue, so the petition was treated as one for reconsideration.
From the decision · page 1Defendant sought reconsideration or in the alternative removal of the Findings and Award,
Order Vacating Order of Submission and Opinion on Decision. If a decision includes resolution
of a "threshold" issue, then it is a "final" decision, whether or not all issues are resolved or there
is an ultimate decision on the right to benefits. (Aldi v. Carr, McClellan, Ingersoll, Thompson &
Horn (2006) 71 Cal.Comp.Cases 783, 784, fn. 2 (Appeals Board en banc).) Threshold issues
include, but are not limited to, the following: injury arising out of and in the course of employment
(AOE/COE), jurisdiction, the existence of an employment relationship and statute of limitations
issues. (See Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5
Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122].) 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. Code, § 5904.) Alternatively, non-final decisions may later be challenged by
a petition for reconsideration once a final decision issues.
Lab. Code, 5904
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.
The petition was denied because reconsideration is the proper remedy and the defendant did not show grounds for removal.
From the decision · page 1Defendant sought reconsideration or in the alternative removal of the Findings and Award,
Order Vacating Order of Submission and Opinion on Decision. If a decision includes resolution
of a "threshold" issue, then it is a "final" decision, whether or not all issues are resolved or there
is an ultimate decision on the right to benefits. (Aldi v. Carr, McClellan, Ingersoll, Thompson &
Horn (2006) 71 Cal.Comp.Cases 783, 784, fn. 2 (Appeals Board en banc).) Threshold issues
include, but are not limited to, the following: injury arising out of and in the course of employment
(AOE/COE), jurisdiction, the existence of an employment relationship and statute of limitations
issues. (See Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5
Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122].) 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. Code, § 5904.) Alternatively, non-final decisions may later be challenged by
a petition for reconsideration once a final decision issues.