What the panel ordered
Petition for Reconsideration denied.
Petition for Reconsideration filed by The Prescription Center Pharmacy challenging the Findings and Order of 08/29/2022; Appeals Board delayed in acting on petition due to administrative irregularity; equitable tolling applied to extend time to act on petition.
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 delay in receiving the petition, but ultimately denied the petition on the merits for lack of basis to reopen discovery or draw adverse inference.
From the decision · page 4Consequently, we apply the doctrine of equitable tolling pursuant to Shipley to this case. Here, the WCJ issued the decision on August 29, 2022. Lien claimant timely filed its Petition for Reconsideration on September 23, 2022. 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 June 5, 2025. Thus, the Appeals Board failed to act on the petition within 60 days, through no fault of the parties.