Enoch v. WCAB (Summit Logistics)
Filed 7/27/06 Enoch v. WCAB (Summit Logistics) CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| FRANK ENOCH, Petitioner, v. WORKERS' COMPENSATION APPEALS BOARD, SUMMIT LOGISTICS, et al, Respondents. | F048843
(WCAB No. STK 168819)
OPINION |
THE COURT*
ORIGINAL PROCEEDINGS; petition for writ of review from a decision of the Workers' Compensation Appeals Board. Merle C. Rabine, Ronnie G. Caplane, and William K. O'Brien, Commissioners. Alvin R. Webber, Workers' Compensation Administrative Law Judge.
Frailing, Rockwell & Kelly, and Jeffrey R. Duarte, for Petitioners.
No appearance by Respondent Workers' Compensation Appeals Board.
Breall & Breall, LLP, and Sophie A. Breall, for Summit Logistics and California Insurance Guarantee Association, Respondents.
-ooOoo-
Frank Enoch petitions for a writ of review to inquire into and determine the lawfulness of determination of the Workers' Compensation Appeals Board (WCAB). (Lab. Code,[1] § 5950; Cal. Rules of Court, rule 57.) He contends the WCAB lacks jurisdiction to review a determination from the Division of Workers' Compensation Rehabilitation Unit (Rehabilitation Unit) awarding him vocational rehabilitation benefits where the opposing party filed a timely petition with the WCAB, but did not serve a copy on the Rehabilitation Unit or include the proper case number as required under the California Code of Regulations. We will deny Enoch's petition and allow the WCAB to review his entitlement to vocational rehabilitation benefits.
BACKGROUND[2]
Enoch worked as a truck driver for Summit Logistics (Summit).[3] On March 13, 1996, he sustained an admitted industrial injury to his right shoulder by pulling a truck's wheel release lever. Following treatment, Enoch returned to work in November 1997, but he began experiencing increased pain in his wrists, hands, right shoulder, and right forearm and he eventually resigned in March 2001.
Orthopedic surgeon Edward Tapper, M.D., evaluated Enoch and issued a report on August 13, 2001, noting, inter alia, that Enoch â€
