What the panel ordered
Reconsideration granted, the November 9, 2020 decision is rescinded, and the matter is returned to the trial level for consideration of the proposed settlement. Not a final decision on the merits.
Applicant filed a timely Petition for Reconsideration of the arbitrator's Findings and Order of November 9, 2020. The Appeals Board failed to act within 60 days, and reconsideration was granted after equitable tolling.
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 failed to act on the timely petition for reconsideration within 60 days due to no fault of petitioner; equitable tolling applied, so reconsideration was granted and the matter remanded.
From the decision · page 3In this case, the arbitrator issued the Findings and Order on November 9, 2020, and applicant filed a timely Petition for Reconsideration on November 30, 2020. Thereafter, the Appeals Board failed to act on applicant' s petition within 60 days of its filing, through no fault of petitioner. Therefore, considering that applicant filed a timely petition and that the Appeals Board's failure to act on that petition was in error, we find that our time to act on applicant's petition was equitably tolled until 60 days after April 23, 2021.