What the panel ordered
Reversed the WCJ's decision and returned the matter to the trial level for further proceedings and new decision on the merits of defendant's rehabilitation appeal.
Appeals Board granted reconsideration on August 6, 2004 to further study factual and legal issues and issued decision after reconsideration.
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 concluded that the timeliness of an appeal from the Rehabilitation Unit for an injury before January 1, 2004, is controlled by former Labor Code section 4645(d), and that the defendant's appeal filed on August 5, 2003 was timely.
From the decision · page 27 controlled by former Labor Code section 4645(d), and that defendant's appeal in this case was
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant's vocational rehabilitation appeal was filed on August 5, 2003 with the Rehabilitation Unit, not the Appeals Board.