California Court of Appeal
Kroger Co. v. Workers' Comp. Appeals Bd., B239771
Following an award of vocational rehabilitation maintenance allowance to an injured employee by the Rehabilitation Unit of the Division of Workers' Compensation, the decisions of the workers' compensation administrative law judge and the Workers' Compensation Appeals Board (Board), that the employer's appeal had not been perfected because its adjustor had not also filed a Declaration of Readiness to proceed (DOR), is annulled and remanded where: 1) the appeal was perfected by the notice filed on November 27, 2007; and 2) the Board's conclusion that section 10955, which was an administrative regulation, imposed the further jurisdictional requirement of filing a DOR, does not square with usage, common understanding or logic, nor is it supported by the text of section 10955.
Appellate Information
- Decided 10/30/2012
- Published 10/30/2012
Judges
- Johnson
Court
- California Court of Appeal