What the panel ordered
Petition for Reconsideration granted; Notice of Intention to Rescind the arbitrator's decision issued.
Petition for Reconsideration granted by the WCAB panel on November 25, 2024, rescinding the September 21, 2023 arbitrator's decision unless a complete record is filed within 30 days.
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 petition for reconsideration was timely filed despite defective service, and the Appeals Board's failure to act within 60 days was due to administrative error, justifying equitable tolling and granting reconsideration.
From the decision · page 1Defendant Travelers Casualty & Surety Co. (Travelers) seeks reconsideration of the Findings of Fact (Findings) issued by a workers' compensation arbitrator (WCA) on September 21, 2023, wherein the WCA found that the date of injury in this matter for the purposes of Labor Code1 section 5500.5 liability is May 13, 2009 through May 13, 2010 in accordance with orthopedic agreed medical examiner Dr. Alexander Angerman. The WCA bifurcated the issue of actual amounts of contribution/reimbursement between the parties.