Pleasants Artry, Delina

Applicant Delina Pleasants Artry sought to reopen her January 20, 2019 Stipulated Award (stipulated injury date May 29, 2016) to add low back and stress as new and further disability under Labor Code section 5410. The WCJ found on March 16, 2023 that the petition to reopen was untimely under the five-year statute of limitations. After the Second District Court of Appeal annulled the Board's prior order denying reconsideration and remanded, the Board found the WCJ's Opinion on Decision failed to comply with Labor Code section 5313 and Hamilton v. Lockheed Corp. because it did not refer with specificity to the record. The Board also found the WCJ misstated the law by treating petitions to reopen as subject to strict pleading requirements, and failed to address applicant's equitable estoppel argument. The Board granted reconsideration, rescinded the Joint Findings and Orders, and returned the matter to the trial level for further proceedings and a new decision.