This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
- A Worker was awarded benefits by the Workers' Compensation Administration. The Employer/Insurer appealed this compensation order. (para 1)
Procedural History
- Workers’ Compensation Administration, Leonard J. Padilla, Workers’ Compensation Judge, August 1, 2013: Compensation order awarding Worker benefits was entered. (para 2)
Parties' Submissions
- Employer/Insurer: Filed a motion for reconsideration of the compensation order. (para 2)
- Worker: Filed a memorandum in opposition to the Employer/Insurer's appeal. (para 1)
Legal Issues
- Whether the compensation order awarding Worker benefits is final and appealable. (para 3)
Disposition
- The appeal was dismissed due to lack of a final, appealable order. (para 4)
Reasons
-
The Court, consisting of Judges M. Monica Zamora, James J. Wechsler, and J. Miles Hanisee, found that the Workers' Compensation Judge (WCJ) did not reach the merits of the Employer/Insurer's motion for reconsideration but deemed it denied by operation of law. This was based on a misinterpretation of the relevant statute, as a post-judgment motion that could alter, amend, or moot the judgment renders the judgment non-final for purposes of appeal. The time for filing a notice of appeal begins to run from the filing of the order disposing of the post-judgment motion. Since the WCJ never ruled on the merits of the motion for reconsideration, the Court concluded it lacked a final, appealable order and thus dismissed the appeal without instructing the WCJ to rule on the motion within a specific timeframe. (paras 2-4)
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.