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PanelDismissed

Chew, Priscilla

PRISCILLA CHEW, Applicant vs. WEST CONTRA COSTA COUNTY UNIFIED SCHOOL DISTRICT, ADMINISTERED BY CONTRA COSTA COUNTY SCHOOLS INSURANCE GROUP, Defendants

ADJ number: ADJ12642822
Decision date: Jan 5, 2025
District office: Oakland
WCJ: —
Claim administrator: Contra Costa County Schools Insurance Group
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER

LC §112LC §115LC §5301LC §5315LC §5701LC §5901LC §5902LC §5903LC §5900LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952CCR §10320CCR §10330CCR §10600CCR §10605CCR §10615CCR §10940

Summary

Applicant Priscilla Chew filed a Petition for Reconsideration challenging a WCJ's April 23, 2024 order compelling her to attend a medical evaluation. The Petition was filed on June 21, 2024, more than 25 days after service of the order, and was not transmitted to the Appeals Board until November 1, 2024, after the 60-day statutory period for acting on a petition had lapsed. The Board addressed the administrative irregularity (failure to timely transmit the case file) in the context of the Mayor case and equitable tolling under section 5909, but found tolling unnecessary because the Petition was untimely. The Board further held that the order compelling a medical evaluation was a non-final, interlocutory order not subject to reconsideration, and the dispute had become moot when the parties resolved the attendance issue at a July 10, 2024 mandatory settlement conference. The Petition was dismissed.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.