Home/Case Law/JOSE HERNANDEZ vs. VALLEY TRANSIT AUTHORITY
Regular DecisionReconsideration

JOSE HERNANDEZ vs. VALLEY TRANSIT AUTHORITY

Filed: Oct 08, 2019
Oakland
ADJ9687495

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration because the Board failed to act within the statutory 60-day period due to administrative delays, which tolled the deadline. Citing due process concerns and precedent like Shipley v. WCAB, the WCAB found the time to act on the petition was extended. The WCAB rescinded the trial judge's prior decision and returned the case for further proceedings and a new decision. This action is not a final determination of the merits but allows for a full review of the case.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) granted the applicant's Petition for Reconsideration because the Board failed to act within the statutory 60-day period due to administrative delays, which tolled the deadline. Citing due process concerns and precedent like Shipley v. WCAB, the WCAB found the time to act on the petition was extended. The WCAB rescinded the trial judge's prior decision and returned the case for further proceedings and a new decision. This action is not a final determination of the merits but allows for a full review of the case.

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