Azadigian

Azadigian v. Workers' Compensation Appeals Board

Good Law
1992 Cal. App. LEXIS 756·7 Cal. App. 4th 372·8 Cal. Rptr. 2d 643·92 Daily Journal DAR 7860·57 Cal. Comp. Cases 391
Court of Appeal of CaliforniaJune 11, 1992F016644California2,121 words

Opinion

Opinion

Dibiaso, J.

Petitioner Mickey Azadigian seeks review and annulment of decisions of respondent Workers’ Compensation Appeals Board (hereinafter WCAB or the board), as well as a remand to the board with directions to award him all appropriate benefits. Specifically, Azadigian challenges (1) the denial of his petition to set aside dismissal of his application in case No. 86 ERE 77840, and (2) the subsequent denial of his petition for reconsideration of that ruling and for reconsideration of orders dismissing case Nos. 80506 and 98880. Our writ of review issued on December 6, 1991.

We will affirm the orders denying the petitions to set aside the dismissal and for reconsideration in case No. 77840. We will annul the order dismissing case Nos. 80506 and 98880, and remand with instructions. In the published section of this opinion, we will hold that conclusive orders and awards of the WCAB are final for purposes of the doctrine of res judicata, notwithstanding the board’s continuing jurisdiction under Labor Code section 5803. In the unpublished portion, we will hold the board’s findings do not support application of the defense in case Nos. 80506 and 98880.

Statement of Facts and…

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