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Reconsideration granted, the November 9, 2020 decision is rescinded, and the matter is returned to the trial level for consideration of the proposed settlement.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.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant filed a timely petition for reconsideration and the Board failed to act within 60 days through no fault of petitioner.
Favours Applicant prevailed
This justified equitable tolling and granting reconsideration, leading to rescission and remand.
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.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909; Shipley v. Workers' Comp. Appeals Bd.; Rea v. Workers' Comp. Appeals Bd.
A petition for reconsideration is deemed denied unless the Appeals Board acts within 60 days of filing, except when irregularities outside the petitioner's control occur, in which case equitable tolling applies.
The Board's failure to act on the petition within 60 days was tolled due to circumstances beyond petitioner's control, so reconsideration was granted.
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.
What proof carried it
The evidence the panel weighed, by kind.
Applicant filed a timely petition for reconsideration and the Board's failure to act was not due to petitioner.
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.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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