What the panel ordered
Petition for Reconsideration affirmed except amended to defer the issue of whether the County of Santa Barbara is applicant's employer and return matter to trial level for further proceedings consistent with Opinion; no orders at this time.
Remanded by the Second Appellate District Court of Appeals on December 5, 2023, for the issue of whether the County of Santa Barbara was applicant's employer and on the issue of costs under Labor Code section 5801; Appeals Board issues decision after remand.
This docket was decided more than once. Shown here is the latest released decision; we also hold May 31, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board deferred the issue of whether the County of Santa Barbara is applicant's employer and returned the matter to the trial level for further proceedings consistent with the Opinion after remand.
From the decision · page 22. The issue of whether the County of Santa Barbara is applicant's employer is deferred.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The Second Appellate District Court of Appeals granted relief to the Appeals Board and remanded the matter on the issue of whether the County of Santa Barbara was applicant's employer and on the issue of costs under Labor Code section 5801.
Favours neutral
This remand conferred jurisdiction to the Appeals Board to decide the issue after remand and on costs, requiring the Appeals Board to issue a decision after remand.
From the decision · page 1The following Decision after Remand is issued pursuant to the December 5, 2023 published Opinion by the Second Appellate District Court of Appeals (Court), in which the Court granted the relief requested by the Workers' Compensation Appeals Board (Appeals Board) to remand the matter to the Appeals Board. (Opinion, p. 15.) The Court affirmed the Appeals Board's May 31, 2022 Opinion and Decision after Reconsideration (Decision),1 to the extent that the Appeals Board concluded that The Salvation Army was not applicant's employer, but annulled the Appeals Board's decision as to Santa Barbara County (County) and remanded the matter to the Appeals Board on the issue of whether the County was applicant's employer. (Ibid.) The Court also awarded costs to applicant.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5801
Labor Code section 5801
The Court remanded the issue of costs under Labor Code section 5801 to the Appeals Board for decision.
From the decision · page 1The following Decision after Remand is issued pursuant to the December 5, 2023 published Opinion by the Second Appellate District Court of Appeals (Court), in which the Court granted the relief requested by the Workers' Compensation Appeals Board (Appeals Board) to remand the matter to the Appeals Board. (Opinion, p. 15.) The Court affirmed the Appeals Board's May 31, 2022 Opinion and Decision after Reconsideration (Decision),1 to the extent that the Appeals Board concluded that The Salvation Army was not applicant's employer, but annulled the Appeals Board's decision as to Santa Barbara County (County) and remanded the matter to the Appeals Board on the issue of whether the County was applicant's employer. (Ibid.) The Court also awarded costs to applicant.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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