Maranian

In the published portion of this opinion we consider whether an order by the Workers’ Compensation Appeals Board (WCAB or Board) on reconsideration under Labor Code section 5900 is final for purposes of appellate review under Labor Code section 5950. At trial, the workers’ compensation judge applied the presumption of liability in Labor Code section 5402 and awarded benefits; the Board reversed and remanded for a new trial on all issues, including liability. Relying upon Safeway Stores, Inc. v. Workers’ Comp. Appeals Bd. (1980) 104 Cal.App.3d 528 [ 163 Cal.Rptr. 750 ] (Safeway), we will hold that a writ of review from the Board’s order on reconsideration lies under section 5950 because the order resolved, for purposes of the compensation proceedings, a substantial issue fundamental to the employee’s entitlement to benefits. For the reasons stated in the unpublished portion of the opinion, we will affirm the decision of the Board.

Summary of Proceedings Below

Petitioner Ray Maranian was hired in 1983 as a field pest control adviser by J.R. Simplot, Inc. He worked from the Reedley office until 1993. In the performance of his job, Maranian was consistently exposed to…