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. 1
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. 2
[Download not found]Ogilvie has not been stayed, so sharpen your #2 pencils and work on your math skills.
- Photo courtesy of adamwilson [↩]
- Even if the defense attorney’s request had been granted Ogilvie, as an en banc decision, would still take precedence over Bowden. [↩]