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Thread Title: Question on Procedure, Please
Created On Monday May 22, 2006 6:01 AM


LiteGal1
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Monday May 22, 2006 6:01 AM

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Hi Guys - quick question on procedure if ya'all don't mind.

I have two seperate and distinct Orders from the Rehabilitation Unit - first issued about 2 months ago on one issue; then a second issued recently on a second issue

Counsel for the defense has filed an Appeal on the second most recent Order, but the issue that he is appealing was the issue addressed in the first Order - nothing for the issues in the second order.

So my question is how best to proceed - I want to argue that the his appeal is untimely and should be dismissed (can you file a Motion to Dismiss an Appeal in the comp circuit?) or should I just file an answer stating that while his Appeal itself as to the 2nd Order may be timely, he raises no issues that correspond to the second order (which, by the way, they have completely ignored) and that the issue in the first order should be deemed binding.

(sheesh I hope I'm making sense here)

Any comments / suggestions would be appreciated !

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bhinden
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Monday May 22, 2006 7:05 AM

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I understand what you're trying to say.

There is no procedure for a motion to dismiss an appeal of a rehabilitation unit decision. However, what you should do is to file a request for expedited hearing with the WCAB and indicate that the issue for which you are requesting an expedited hearing is defendants' appeal from the second rehabilitation unit decision (which is actually an untimely appeal from the first rehabilitation unit decision).

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LiteGal1
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Monday May 22, 2006 7:16 AM

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Thanks, cR - I appreciate it - I already tried to file a Request for Exp Hearing, but local board can't permit as there's another issue on appeal and pending before the WCAB in San Fransicso; Nonetheless, many thanks for answering my question....

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bhinden
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Monday May 22, 2006 6:37 PM

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Yes. That's the rule. If the case is already on calendar for a hearing or on some sort of an appeal the Board must reject your Expedited Hearing request. Sorry. Keep fighting. You'll win.

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