What the panel ordered
Petition for Reconsideration granted; Findings and Award rescinded; proceedings deferred pending final judgment in related civil case.
Applicant seeks reconsideration of the Findings and Award issued on June 15, 2021 by a WCJ, which found injury and employment issues; the WCAB grants reconsideration and rescinds the F&A, deferring employment issues pending final judgment in related civil case.
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 WCAB found that the civil court had first assumed jurisdiction over the employment issue and therefore retained exclusive jurisdiction, so the WCAB deferred the workers' compensation proceedings on employment pending final judgment in the civil case to avoid conflicting decisions and duplicative litigation.
From the decision · page 8Los Angeles Superior court first assumed jurisdiction over these matters, and should therefore retain jurisdiction of issues over which both tribunals may exercise jurisdiction, i.e., where there is concurrent jurisdiction. (See Scott, supra.)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.