What the panel ordered
The WCAB denied the petition for reconsideration, affirming the WCJ's deferral of the Employment Development Department's lien claim for separate adjudication.
Defendant Helmsman Management Services petitioned for reconsideration of the WCJ's Joint Findings of Fact and Awards issued December 5, 2023, which found applicant sustained industrial injuries and awarded permanent disability benefits.
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 WCJ deferred the EDD lien claim issue because it was not raised or adjudicated at trial, and the WCAB affirmed this deferral as proper procedure.
From the decision · page 2DISCUSSION In its Petition for Reconsideration, defendant contends that the WCJ's award is defective because it did not address EDD's lien claim. Upon review, we agree with the WCJ's stance in her Report that the issue of EDD's lien claim was deferred, as it was not raised and adjudicated at the trial level. (Report, p. 3.) The rationale is this: EDD's lien claim was identified as an issue in the PTCS; however, because the parties did not yet raise and adjudicate the issue, it must be deferred and tried separately, at which point the WCJ will render a decision so as to ensure full adjudication of the case. (Cal. Code