What the panel ordered
Petition for Reconsideration denied
Petition for Reconsideration filed by Defendant United Wisconsin Insurance Company challenging lien payment award; denied for failure to raise issue at trial
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 petition for reconsideration was denied because the issue of non-compliance with Labor Code sections 4903.05 and 4903.8 was not raised at trial and thus waived.
From the decision · page 5However, these contentions as asserted in Defendant's petition for reconsideration were not raised as issues to be addressed during the trial. In furtherance of judicial economy, an issue not raised at trial is considered waived. Ingram Micro v WCAB (Ordonez), 64 CCC 100 (1998).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant did not raise non-compliance with Labor Code sections 4903.05 and 4903.8 at trial
Favours Applicant prevailed