What the panel ordered
The Findings and Order issued by the WCJ on January 5, 2022 is rescinded. The Appeals Board finds it does not have jurisdiction to force applicant's participation in a repayment plan or in the local agency's administrative appeals remedy under Labor Code section 4850.4(f). The matter is taken off calendar.
Applicant and defendant both seek reconsideration of the Findings and Order issued by the WCJ on January 5, 2022, regarding jurisdiction over repayment plan under Labor Code section 4850.4(f). The WCJ found jurisdiction primarily with the local agency and limited the Appeals Board's jurisdiction.
This docket was decided more than once. Shown here is the latest released decision; we also hold August 9, 2021.
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 found that initial jurisdiction over repayment plans under section 4850.4(f) vests solely with the local agency that issued the payment, and the Appeals Board does not have jurisdiction to compel participation in the repayment plan or local agency administrative appeals remedy.
From the decision · page 9FINDINGS OF FACT 1. Applicant and the local agency have not agreed on a repayment plan