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and Guzman, we conclude that these two cases are inextricably intertwined. (Cf. General Ins. Co. of America v. Workers’ Comp Appeals Bd. (Sale) (1980) 104 Cal.App.3d 278, 282-285 [45 Cal.Comp.Cases 403, 406]; 2 Cal. Workers’ Compensation Practice (Cont.Ed.Bar 4th ed. June 2008 update), § 21.67, p. 1660.) Thus, a failure to grant reconsideration in Guzman on our own motion might conceivably lead to inconsistent results if, on reconsideration, we ultimately decide to rescind, alter, or amend the February 3, 2009 decision. (See Lab. Code, §§ 5906, 5907, 5908(a).) Although inconsistent results are never preferable, they certainly should not occur in the context of an en banc decision – which, of course, constitutes binding precedent on all Appeals Board panels and WCJs. (Cal. Code Regs., tit. 8, § 10341; City of Long Beach v. Workers’ Comp. Appeals Bd. (Garcia) (2005) 126 Cal.App.4th 298, 313, fn. 5 [70 Cal.Comp.Cases 109, 120, fn. 5]; Gee v. Workers’ Comp. Appeals Bd. (2002) 96 Cal.App.4th 1418, 1425, fn. 6 [67 Cal.Comp.Cases 236, 239, fn. 6]; see also Gov. Code, § 11425.60(b).)

Because we are granting reconsideration on our own motion in Guzman, we will give the parties to that case until 5pm on Friday, May 1, 2009 to file briefs on the merits, if they so choose. Any such briefs shall be concurrently served on opposing counsel in the Guzman case. These briefs shall be subject to the 25-page limitation of WCAB Rule 10845(a) (Cal. Code Regs., tit. 8, § 10845(a); see also § 10232(a)(10)) and they shall comply with the form and size requirements of Rule 10845(a) (see § 10232(a)(1) through (a)(5) and (a)(11)), except that the parties need not comply with the provisions of Rule 10845(a) that relate to document folding and stapling, document cover sheets, and documents separator sheets (see § 10232(a)(11) and (b)). This is because we will order that these briefs be filed directly with the Appeals Board, and not with any district office. The Appeals Board will process these documents and scan them into EAMS.

Furthermore, in accordance with our broad powers on reconsideration (Lab. Code, § 133), we will allow any interested persons or entities to file amicus curiae briefs on the issues addressed by our joint en banc opinion in Almaraz and Guzman. Any such amicus briefs shall be filed by no later than 5pm on Friday, May 1, 2009. All amicus briefs shall concurrently be served on all counsel for the parties in both the Almaraz and Guzman cases. We are allowing the submission of

ALMARAZ, Mario & GUZMAN, Joyce


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