What the panel ordered
Reconsideration granted, WCJ's January 18, 2022 decision rescinded, matter returned for further proceedings and decision by the WCJ.
Petition for reconsideration of January 18, 2022 Amended Joint Findings and Award; WCAB granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 2, 2021.
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.
Applicant's petition was timely because service to defendant was made to an address outside California, extending the time to file for all parties under WCAB Rule 10605.
From the decision · page 1Contrary to the WCJ, we find applicant's petition timely filed. There are 20 days allowed within which to file a petition for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time is extended by 10 calendar days if service is made to an address outside of California but within the United States. (Cal. Code Regs., tit. 8, § 10605(a)(1).) While applicant and her attorney received service of the decision within California, defendant was served at an address outside of California. Accordingly, and to observe due process for all parties, we interpret WCAB Rule 10605 as extending the time to file for all parties being served.
Reconsideration granted and matter remanded for further proceedings and decision by the WCJ.
From the decision · page 2For the foregoing reasons, IT IS ORDERED that reconsideration of the January 18, 2022 Amended Joint Findings and Award is GRANTED. IT IS FURTHER ORDERED as the Decision After Reconsideration of the Workers' Compensation Appeals Board that the January 18, 2022 Amended Joint Findings and Award is RESCINDED and that the matter is RETURNED to the trial level for further proceedings and decision by the WCJ.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant was served at an address outside of California, triggering the 10-day extension for filing a petition for reconsideration for all parties.
Favours Applicant prevailed
This fact made applicant's petition timely under WCAB Rule 10605, leading to the grant of reconsideration.
From the decision · page 1Contrary to the WCJ, we find applicant's petition timely filed. There are 20 days allowed within which to file a petition for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time is extended by 10 calendar days if service is made to an address outside of California but within the United States. (Cal. Code Regs., tit. 8, § 10605(a)(1).) While applicant and her attorney received service of the decision within California, defendant was served at an address outside of California. Accordingly, and to observe due process for all parties, we interpret WCAB Rule 10605 as extending the time to file for all parties being served.
What the panel did with the medical opinions
The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.
Recommended cervical spine surgery in report dated October 5, 2021; report did not exist at time of trial.
From the decision · page 4which contains a recommendation for cervical spine surgery. The surgical recommendation and the scans did not exist at the time of the July 14, 2021 trial.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1)
There are 20 days allowed within which to file a petition for reconsideration from a 'final' decision. This time is extended by 10 calendar days if service is made to an address outside of California but within the United States.
Applicant's petition was timely because defendant was served at an address outside California, so the time to file was extended for all parties.
From the decision · page 1Contrary to the WCJ, we find applicant's petition timely filed. There are 20 days allowed within which to file a petition for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time is extended by 10 calendar days if service is made to an address outside of California but within the United States. (Cal. Code Regs., tit. 8, § 10605(a)(1).) While applicant and her attorney received service of the decision within California, defendant was served at an address outside of California. Accordingly, and to observe due process for all parties, we interpret WCAB Rule 10605 as extending the time to file for all parties being served.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.