Authorities as the decision cited them, with how this panel applied each one.
California Labor Code
Labor Code section 5410
The five-year statute of limitations for petitions to reopen was central to the timeliness issue.
From the decision · page 1The following Opinion and Decision After Remand is issued pursuant to the January 2,
2024 Order made by the Second District Court of Appeal (Div. 3) in B330312. In that Order, the
Court honored the Appeals Board's request to annul the Board's Opinion and Order Denying
Petition for Reconsideration of June 6, 2023, and to remand this matter to the Board for further
proceedings. For the reasons discussed below, and in place of our decision of June 6, 2023 that
was annulled by the Court of Appeal, we will grant reconsideration of the Joint Findings and
Orders issued by the workers' compensation administrative law judge ("WCJ") on March 16,
2023, and we will rescind that decision and return this matter to the trial level for further
proceedings and new decision by the WCJ.
Hamilton v. Lockheed Corp. (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Bd. en banc)
The WCJ's Opinion on Decision must refer specifically to an adequate and completely developed record to be meaningful; failure to do so was a basis for granting reconsideration.
From the decision · page 1The following Opinion and Decision After Remand is issued pursuant to the January 2,
2024 Order made by the Second District Court of Appeal (Div. 3) in B330312. In that Order, the
Court honored the Appeals Board's request to annul the Board's Opinion and Order Denying
Petition for Reconsideration of June 6, 2023, and to remand this matter to the Board for further
proceedings. For the reasons discussed below, and in place of our decision of June 6, 2023 that
was annulled by the Court of Appeal, we will grant reconsideration of the Joint Findings and
Orders issued by the workers' compensation administrative law judge ("WCJ") on March 16,
2023, and we will rescind that decision and return this matter to the trial level for further
proceedings and new decision by the WCJ.
Pleadings in workers' compensation should be liberally construed and not defeated by form; this principle was cited to reject the WCJ's strict pleading requirement view.
From the decision · page 1The following Opinion and Decision After Remand is issued pursuant to the January 2,
2024 Order made by the Second District Court of Appeal (Div. 3) in B330312. In that Order, the
Court honored the Appeals Board's request to annul the Board's Opinion and Order Denying
Petition for Reconsideration of June 6, 2023, and to remand this matter to the Board for further
proceedings. For the reasons discussed below, and in place of our decision of June 6, 2023 that
was annulled by the Court of Appeal, we will grant reconsideration of the Joint Findings and
Orders issued by the workers' compensation administrative law judge ("WCJ") on March 16,
2023, and we will rescind that decision and return this matter to the trial level for further
proceedings and new decision by the WCJ.
Honeywell v. Workers' Comp. Appeals Bd.
Honeywell v. Workers' Comp. Appeals Bd. (2005) 35 Cal.4th 24
The WCJ failed to address the issue of equitable estoppel as required by law, which was a basis for remand.
From the decision · page 1The following Opinion and Decision After Remand is issued pursuant to the January 2,
2024 Order made by the Second District Court of Appeal (Div. 3) in B330312. In that Order, the
Court honored the Appeals Board's request to annul the Board's Opinion and Order Denying
Petition for Reconsideration of June 6, 2023, and to remand this matter to the Board for further
proceedings. For the reasons discussed below, and in place of our decision of June 6, 2023 that
was annulled by the Court of Appeal, we will grant reconsideration of the Joint Findings and
Orders issued by the workers' compensation administrative law judge ("WCJ") on March 16,
2023, and we will rescind that decision and return this matter to the trial level for further
proceedings and new decision by the WCJ.