Pacific Bay Recovery v. WCAB (Sun Health Care) CA4/1

Filed 5/17/16 Pacific Bay Recovery v. WCAB (Sun Health Care) CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

PACIFIC BAY RECOVERY, INC., D070022

Petitioner, (WCAB Nos. ADJ3651505 & SDO33086) v.

WORKERS' COMPENSATION APPEALS BOARD and SUN HEALTH CARE et al.,

Respondents.

Petition for writ of review from an order of the Workers' Compensation Appeals

Board. Petition granted. The order is annulled and the matter remanded.

James Michael Hester for Petitioner.

James Alton Page for Respondents Sun Health Care and Broadspire Insurance

Company.

Richard L. Newman and John F. Shields for Respondent Workers' Compensation

Appeals Board.

On March 23, 2016, Pacific Bay Recovery, Inc. (Pacific Bay) petitioned this court

for review of the February 6, 2016 Worker's Compensation Appeals Board (WCAB)

decision upholding the denial of its claim for payment. In response to Pacific Bay's

petition, the WCAB notified this court that "one of the reasons expressed in its February

6, 2016 Opinion and Order Denying Petition for Reconsideration is in error." The

WCAB asks this court to grant Pacific Bay's petition, summarily annul its decision, and