How to File Petitions and Navigate Collective Bargaining Agreements

• Jan 05, 2024
• Blog
• Michael Burgis & Associates, P.C

Are you an injured worker’s attorney in California? Have you grappled with a worker’s comp case under the jurisdiction of the State of California Workers’ Compensation Appeals Board (WCAB) only to confront the complexities of a collective bargaining agreement and its associated arbitration provision? The evolving landscape of appellate courts in California and the nuances of how to submit petitions can be intricate.

Michael Burgis, a legal certified specialist in California Workers’ Compensation and a seasoned trial attorney, delves into this intricate topic. Armed with the most recent case law, Michael sheds light on your rights, the processes to file a petition, and specifically, how to file a petition in court following arbitration rulings.

One pivotal case that took center stage recently is Manuel Ramirez v Vons from 2022. Its outcomes and implications could be polarizing, contingent upon the stance you find yourself in. The nuances of filing a petition for removal in interlocutory orders versus appealing through a petition for reconsideration post a final order are all laid out.

While the legal world of California workers’ compensation law is vast, the right guidance can pave a clear path. For those navigating the mazes of workers’ compensation in California, the distinction between petitions for removal and reconsideration, especially in light of recent case law, is vital.

For all your queries and concerns on California’s workers’ compensation law or any other legal topic, Michael Burgis & Associates, P.C. are just a call away. Your questions will find answers here.

If you were injured at work and would like to know the law, contact us for a FREE CONSULTATION (888) 287-4471

We’re here to help, and we bring “Recovery to the injured.”

Transcript:

Hi. Are you a California injured worker’s attorney? And you filed a worker’s comp case within the jurisdiction of the WCAB, only to find out the jurisdiction needed to be remanded out because there was a collective bargaining agreement and arbitration provision?

And you’re wondering, what are my appellate rights? Well, there’s a recent case law that just came out and it shed some light on that.

Hi, my name is Michael Burgis. I’m a legal certified specialist in California Workers’ Compensation. I’m a trial attorney and the managing attorney of MB&A.

Appellate Rights Under a Collective Bargaining Agreement

If you’re wondering what your appellate rights are, when you’re bound by a collective bargaining agreement and an arbitration provision, and you’re wondering, do I have the right to file a petition for removal or do I have a right to file a petition for reconsideration outside of the collective bargaining agreement into workers’ comp and the Worker’s Comp Appeals Board?

Petition for Removal

Well, there’s a recent case called Manuel Ramirez v Vons that came out in 2022 that sheds light on that. And it’s kind of a bad holding depending on what side you’re on. But there’s a petition for removal, and that’s when there’s an interlocutory order, or not a final order, that causes prejudice to the injured worker where you can file what’s called a petition for removal. And a petition for reconsideration happens when there’s a final order and you’re appealing the final decision.

Essentially, what the case law has come down to say is, you don’t have the right to file a petition for removal into the WCAB.

Petition for Reconsideration

However, you do have that right on a final order. So, again, if you’re in arbitration and the ombudsman or the arbitrator orders further development of the record, you cannot file a petition for removal to the WCAB. You have to wait till there’s a final order. Then you can do a petition for reconsideration outside of the carve out and back into the Worker’s Comp Appeals Board, appellate level.

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