What the panel ordered
The Appeals Board granted the petition for reconsideration, rescinded the March 12, 2025 Findings of Fact and Order, and returned the matter to the trial level for further proceedings.
Applicant sought reconsideration of the Findings of Fact and Order issued on March 12, 2025, by the WCJ, which found the Appeals Board lacked jurisdiction to determine entitlement to advance disability pension payments (ADPP). The Appeals Board granted reconsideration and rescinded the prior decision, returning the matter to the trial level for further proceedings.
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 has jurisdiction to award ADPP as it constitutes compensation under Division 4 of the Labor Code, consistent with Gage. The issue of entitlement to ADPP must be decided at the trial level.
From the decision · page 1Applicant seeks reconsideration of the "Findings of Fact and Order" (F&O) issued on March 12, 2025, by the workers' compensation administrative law judge (WCJ). The WCJ found, in pertinent part, that the Appeals Board does not have jurisdiction to determine an applicant's entitlement to advance disability pension payments ("ADPP") under Labor Code1 section 4850.4.