What the panel ordered
Petition for reconsideration granted; Notice of Intention to rescind arbitrator's decision unless required documents are filed within 30 days.
Applicant sought reconsideration of the November 29, 2023 arbitrator's decision; WCAB panel reviews due to procedural irregularity and incomplete record.
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 did not receive the petition or case file within 60 days due to administrative error, not the parties' fault; equitable tolling applies and a complete record is required for meaningful review.
From the decision · page 5Consequently, as discussed below, we apply the doctrine of equitable tolling pursuant to Shipley to this case. Here, the WCA issued the F&O on November 29, 2023. Applicant timely served his Petition on the WCAB on December 21, 2023. 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 April 1, 2026.3 Accordingly, the Appeals Board failed to act on the petition within 60 days, through no fault of the parties. Moreover, according to Events in EAMS, the case was not transmitted to the Appeals Board until April 1, 2026.