CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that deemed applicant Tracie Lopez's petition for increased benefits untimely filed. The applicant argued her due process rights were violated because the judge instructed parties not to submit evidence, then failed to hold an evidentiary hearing. The WCAB agreed to reconsider to allow the applicant to present evidence regarding equitable tolling of the statute of limitations for her discrimination claim. This matter is returned to the trial level for further proceedings to develop the record and a new final decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a prior ruling that deemed applicant Tracie Lopez's petition for increased benefits untimely filed. The applicant argued her due process rights were violated because the judge instructed parties not to submit evidence, then failed to hold an evidentiary hearing. The WCAB agreed to reconsider to allow the applicant to present evidence regarding equitable tolling of the statute of limitations for her discrimination claim. This matter is returned to the trial level for further proceedings to develop the record and a new final decision.
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