It’s final: Ogilvie is not stayed
Apparently the defense attorney on Bowden v Sunray Termite wrote ex parte to the WCAB requesting the case be declared a significant panel decision. ((Photo courtesy of adamwilson))
Commissioner Miller’s letter (download below) notes Bowden was a “purely fact driven case” and “is not to be a statement of legal importance to the community.” Commissioner Miller further points out Significant Panel decisions are citable panel decisions but not binding legal precedent. ((Even if the defense attorney’s request had been granted Ogilvie, as an en banc decision, would still take precedence over Bowden.))
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Ogilvie has not been stayed, so sharpen your #2 pencils and work on your math skills.
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