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2nd DCA to Evaluate Constitutionality of "Grant & Study" Orders

We've all been there . . . you file a Petition for Reconsideration and advise your client that we will have an answer within 60 days.  Then, on day 59, the WCAB issues a "grant and study" order, which essentially gives them an indefinite time period to issue a decision.  You are then in limbo potentially for years.

There has now been a Petition filed with the 2nd DCA arguing that the practice is unconstitutional on its face.  They further argue that it violates the "compensation bargain" of California workers' compensation because it denies a speedy delivery of benefits.  It is noted that some of the "grant and study" orders were issued within 10 days of the filing of the Petition for Reconsideration.

The article states that there have been over 500 "grant and study" orders issued in the last three years.  In part this is due to the reduced number of commissioners, having been short anywhere from one to three commissioners. Currently there are six commissioners and there must be three on a panel to issue a decision.

“Petitioners assert that the WCAB’s practice of issuing ‘grant and study’ orders is unconstitutional on its face, since this practice is antithetical to and utterly irreconcilable with the constitutional mandate that disputes in workers’ compensation cases be decided ‘expeditiously, inexpensively and without incumbrance of any character,’” the petition reads. “Similarly, petitioners assert that this practice violates the ‘compensation bargain’ upon which the California workers’ compensation system is predicated by denying them speedy delivery of benefits.”

Tags

workerscompensation, californialaw
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