What the panel ordered
Findings and Award issued by WCJ on September 2, 2020 is affirmed; Petition for Reconsideration denied.
Petition for reconsideration filed timely by defendant; WCAB granted reconsideration to study issues; ultimately denied reconsideration and affirmed Findings and Award.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition for reconsideration was timely filed within 20 days of the WCJ decision; the Appeals Board's failure to act within 60 days was due to administrative error, so the petition was considered on the merits and ultimately denied.
From the decision · page 2Here, the WCA issued the decision on September 2, 2020, and defendant filed the Petition for Reconsideration on September 22, 2020 at the Fresno district office. Thus, the Petition was timely filed within 20 days of the decision.
The arbitrator was bound by the prior order specifying 57% reimbursement of all indemnity, medical, and other expenses related to the litigation, excluding defense attorney fees; the petitioner's challenge to exclude some expenses was rejected.