The California Supreme Court denied the petition for review filed by Milpitas Unified School District in Milpitas Unified School Dist. v. Workers’ Comp. Appeals Bd. (Guzman II) (2010) 187 Cal.App.4th 808 [75 Cal Comp. Cases 837].  This means the August 19, 2010 Sixth District Court of Appeal Decision will remain good law, at least for now.

The Supreme Court’s denial of review was without explanation.  This could mean anything. 

Supporters of the Sixth District’s Opinion will argue the Court agreed with the lower court’s interpretation of the law.  Opponents will argue the Court simply wanted to wait until the Fifth District Court of Appeal makes a decision in Guzman’s companion case, State Comp. Ins. Fund v. Workers’ Comp. Appeals Bd. (F058698) (Almaraz II).  The truth is the Court could have denied review for these or any other reason.

For now, Guzman remains the law of the land.  As for Almaraz, nothing has happened at the Court of Appeal since final briefing in June 2010.  Court watchers suspect the Fifth District was waiting to see what the Supreme Court would do in Guzman.  Now that the high court has declined to act, we should expect some movement in Almaraz.

Stay tuned.

 

Opinion filed November 10, 2010.

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