What the panel ordered
Petition for Reconsideration dismissed
Petition for Reconsideration withdrawn by petitioner; Appeals Board did not act on petition within 60 days due to administrative error; equitable tolling applied
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 applied equitable tolling due to administrative error causing delay in acting on the petition, but the petition was withdrawn by the defendant before a decision on the merits.
From the decision · page 1The Petition for Reconsideration of the decision issued on November 15, 2023 by a workers' compensation arbitrator (WCA) has been withdrawn by petitioner.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Appeals Board did not receive the complete case file and thus did not act on the petition within 60 days
Favours Applicant prevailed