ADJ10055263 · March 29, 2024

The petition for reconsideration was timely filed within 20 days of the WCJ decision; the Appeals Board's failure to act within 60 days was due to administrative error, so the petition was considered on the merits and ultimately denied.

From the decision · page 2Here, the WCA issued the decision on September 2, 2020, and defendant filed the Petition for Reconsideration on September 22, 2020 at the Fresno district office. Thus, the Petition was timely filed within 20 days of the decision.

The arbitrator was bound by the prior order specifying 57% reimbursement of all indemnity, medical, and other expenses related to the litigation, excluding defense attorney fees; the petitioner's challenge to exclude some expenses was rejected.

Petition for reconsideration was filed timely on September 22, 2020, within 20 days of the WCJ decision dated September 2, 2020.

Favours Applicant prevailed

This established jurisdiction for the Appeals Board to consider the petition.

From the decision · page 2Here, the WCA issued the decision on September 2, 2020, and defendant filed the Petition for Reconsideration on September 22, 2020 at the Fresno district office. Thus, the Petition was timely filed within 20 days of the decision.

Appeals Board failed to act on the petition within 60 days due to administrative error and delayed receipt of the arbitration file until August 31, 2021.

Favours Applicant prevailed

This tolled the time limit for acting on the petition, allowing it to be considered on the merits.

From the decision · page 4Here, according to Events in EAMS, which functions as the "docket," the district office transmitted the case to the Appeals Board on August 31, 2021. Thus, the first notice to the Appeals Board of the Petition was on August 31, 2021. Due to this lack of notice by the district office, the Appeals Board failed to act on the Petition within 60 days, through no fault of the parties. Therefore, considering that defendant filed a timely Petition for Reconsideration and that the Appeals Board's failure to act on that Petition was a result of administrative error, we conclude that our time to act on applicant's Petition was tolled until 60 days after August 31, 2021.

The arbitrator was bound by the March 15, 2019 order requiring 57% reimbursement of all indemnity, medical, and other expenses related to the litigation, excluding defense attorney fees.

Favours Defendant prevailed

This supported affirming the reimbursement amount and rejecting petitioner's challenge to exclude some expenses.

From the decision · page 6for Reimbursement/Contribution signed by Workers' Compensation Judge Geoffrey Sims on

Porter v. Golden Eagle Insurance Company (1996) 61 CCC 243

Review of arbitration awards is limited to grounds set forth in Code of Civil Procedure Section 1286.2.

The arbitrator's award was affirmed as petitioner failed to show evidence to overturn the decision.

From the decision · page 7Pursuant to Labor Code Section 5277 a copy of this Order is being filed with the Appeals Board Office in accordance with WCAB rules, practice and procedure. Review of an Award issuing from statutorily mandated arbitration is limited to grounds set forth in Code of Civil Procedure Section 1286.2 pursuant to Porter v. Golden Eagle Insurance Company (1996) 61 CCC 243.

Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10507(a)(1), 10508, 10845(a), 10392(a), 10995(b), 10205(l)

Petitions for reconsideration must be filed within 25 days of service; time limits are jurisdictional and must be strictly followed.

The petition was timely filed within 20 days; failure to act by Appeals Board within 60 days was due to administrative error, tolling the time limit.

From the decision · page 1There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10507(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10508.) To be timely,

Lab. Code, § 5909

Labor Code section 5909 requires the Appeals Board to act on petitions within 60 days or they are denied by operation of law.

The Appeals Board failed to act within 60 days due to administrative error; time was tolled and petition was considered on merits.

From the decision · page 3Labor Code section 5909 provides that a petition is denied by operation of law if the Appeals Board does not act on the petition within 60 days after it is filed. Timely petitions for reconsideration filed and received by the Appeals Board are acted upon within 60 days from the date of filing pursuant to section 5909, by either granting, dismissing, or denying the petition. Thereafter, once a decision on the merits of the petition issues, the parties can then determine whether to seek review under section 5950. (See Lab. Code, § 5901.)

Petition for reconsideration was timely filed and the Appeals Board's failure to act within 60 days was due to administrative error, tolling the time limit.

From the decision · page 4Here, according to Events in EAMS, which functions as the "docket," the district office transmitted the case to the Appeals Board on August 31, 2021. Thus, the first notice to the Appeals Board of the Petition was on August 31, 2021. Due to this lack of notice by the district office, the Appeals Board failed to act on the Petition within 60 days, through no fault of the parties. Therefore, considering that defendant filed a timely Petition for Reconsideration and that the Appeals Board's failure to act on that Petition was a result of administrative error, we conclude that our time to act on applicant's Petition was tolled until 60 days after August 31, 2021.