Q: Are the Ogilvie and Almarez/Guzman decisions binding given the recent grant of reconsideration?
A: Yes, since these cases were en banc decisions, the cases are binding until they are stayed, modified, altered, vacated or reversed.
An en banc decision of the Appeals Board is binding precedent on all Appeals Board panels and WCJs. (8 CCR 10341).
It is the decision of the appeals board as to whether they stay, suspend, or postpone the decision while reconsideration is pending pursuant to Labor Code Section 5910.
With regard to the Ogilvie, Almarez and Guzman cases, the WCAB did not issue a stay order in any of the three cases. Thus, the WCAB en banc decisions are still binding on all judges and WCAB panels, pending the WCAB’s decision after reconsideration.