CompFox AI Summary
This case concerns a Petition for Reconsideration filed by the defendant, California Department of Corrections, which was initially at risk of being denied by operation of law due to the Appeals Board's delay. However, the Board found that its time to act was tolled, similar to the principle in Shipley, because the delay was not due to the parties' fault. Despite this tolling, the Appeals Board ultimately denied the reconsideration for the reasons stated in the Workers' Compensation Judge's (WCJ) report and opinion. The Board also corrected a clerical error in the WCJ's report regarding the applicable regulation for excluding consultative ratings.
Full Decision Text1 Pages
This case concerns a Petition for Reconsideration filed by the defendant, California Department of Corrections, which was initially at risk of being denied by operation of law due to the Appeals Board's delay. However, the Board found that its time to act was tolled, similar to the principle in Shipley, because the delay was not due to the parties' fault. Despite this tolling, the Appeals Board ultimately denied the reconsideration for the reasons stated in the Workers' Compensation Judge's (WCJ) report and opinion. The Board also corrected a clerical error in the WCJ's report regarding the applicable regulation for excluding consultative ratings.
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