What the panel ordered
Petition for Reconsideration dismissed for lack of aggrievement due to absence of new Findings and Order after remand
Petition for Reconsideration filed by defendant Republic Underwriters Insurance Company seeking review of January 26, 2024 Findings and Order denying Petition for Contribution and excluding AME Dr. Philip Kanter's reports; prior Petition for Reconsideration granted April 22, 2024 rescinding January 26, 2024 order and remanding for further proceedings; no new Findings and Order issued after remand; current Petition dismissed as no aggrieved order exists
This docket was decided more than once. Shown here is the latest released decision; we also hold April 22, 2024.
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.
No new Findings and Order was issued after the remand, so there was no aggrieved order for the WCAB to reconsider, requiring dismissal of the Petition for Reconsideration.
From the decision · page 2Labor Code section 5900(a) provides in pertinent part that: Any person aggrieved directly or indirectly by any final order, decision, or award made and filed by the appeals board or a workers' compensation judge under any provision contained in this division, may petition the appeals board for reconsideration in respect to any matters determined or covered by the final order, decision, or award, and specified in the petition for reconsideration. (Lab. Code, § 5900(a).) Since the issuance of our O&O, the WCA has yet to issue a new Findings and Order. In light of this, there is currently no F&O for us to reconsider. As such, defendant Republic is not aggrieved, and we must dismiss the Petition.