What the panel ordered
Petition for Reconsideration is denied.
Defendant filed a timely petition for reconsideration on April 24, 2023, challenging the WCJ's Partial Joint Findings of Fact dated April 3, 2023. The Appeals Board did not receive or act on the petition until January 7, 2025, beyond the 60-day statutory period, through no fault of the parties.
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 Appeals Board did not act on the petition within 60 days due to administrative delay beyond the parties' control, but equitable tolling was applied and the petition was denied on the merits.
From the decision · page 4Consequently, we apply the doctrine of equitable tolling pursuant to Shipley to this case. Here, the WCA issued the decision on April 3, 2023. Defendant timely filed its Petition for Reconsideration on April 24, 2023. However, for reasons that are not entirely clear from the record, the Appeals Board did not actually receive notice of and review the petition until January 7, 2025. Accordingly, the Appeals Board failed to act on the petition within 60 days, through no fault of the parties.