What the panel ordered
The Findings and Order issued by the WCA on September 30, 2021, is rescinded and the matter is returned to the arbitrator for further proceedings consistent with this decision.
Petition for reconsideration of the Findings and Order issued by the workers' compensation arbitrator on September 30, 2021, was granted by the Appeals Board for further study of factual and legal issues.
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 found that the petition for reconsideration was timely due to equitable tolling and that the record was incomplete, preventing meaningful review, thus rescinding the prior Findings and Order and remanding for further proceedings.
From the decision · page 1We previously granted reconsideration in order to further study the factual and legal issues in this case. 1 This is our Opinion and Decision After Reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.