Michael Garcia, Applicant v. City of Seaside, Permissibly Self-Insured; administered by York Risk Services, Defendants

Full title: MICHAEL GARCIA, Applicant v. CITY OF SEASIDE, Permissibly Self-Insured…

Court: California Workers Compensation Decisions

Date published: Feb 18, 2022

No. ADJ13458859 (Cal. W.C.A.B. Feb. 18, 2022)

Opinion

MICHAEL GARCIA, Applicant v. CITY OF SEASIDE, Permissibly Self-Insured; administered by YORK RISK SERVICES, Defendants No. ADJ13458859 California Workers Compensation Decisions Workers’ Compensation Appeals Board State of California February 18, 2022

Salinas District Office

OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION

KATHERINE WILLIAMS DODD, COMMISSIONER

We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the petition and the record, we note that defendant does not challenge any of the findings made by the WCJ’s December 1, 2021 Findings of Fact. Rather, defendant challenges statements made in the Opinion on Decision. However, statements in an Opinion on Decision are not findings of fact. Instead, their purpose is to explain the basis for the decision. (Lab. Code, 5313.) Therefore, having not raised any issue with the Findings of Fact, defendant is not aggrieved and the petition will be dismissed.

For the foregoing reasons,

IT IS ORDERED that the Petition for Reconsideration is DISMISSED.

I CONCUR,

KATHERINE A. ZALEWSKI, CHAIR

DEIDRA E. LOWE, COMMISSIONER

SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.

MICHAEL GARCIA

MACINTYRE & WHITE

BRITTANY B. HUYNH