PanelDismissed
Quintanilla, Elvis
ELVIS QUINTANILLA, Applicant vs. HERNANDEZ ENTERPRISES ROOFING, INC.; STATE COMPENSATION INSURANCE FUND; BAMA AUTO CENTER; PENNSYLVANIA MANUFACTURING ASSOCIATION; MATTES AUTO SALES; MIKE MATTES; GABRIELA MATTES; MATTES 1997 FAMILY TRUST UTD 8/27/97; JAVIER ROMERO; ANTONIO VASQUEZ; UNINSURED EMPLOYERS BENEFITS TRUST FUND, Defendants
- ADJ number
- ADJ10616244
- Decision date
- Date unavailable
- District office
- Marina del Rey
- WCJ
- —
- Claim administrator
- State Compensation Insurance Fund; Pennsylvania Manufacturer's Association Insurance Company
- Commissioners
- KATHERINE WILLIAMS DODD, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER
LC §110LC §111LC §112LC §115LC §4709LC §5300LC §5301LC §5315LC §5701LC §5900LC §5901LC §5902LC §5903LC §5906LC §5908LC §5908.5LC §5909LC §5911LC §5950LC §5951LC §5952LC §5953CCR §10205CCR §10205.4CCR §10320CCR §10330CCR §10940CCR §10961CCR §10962CCR §10995
Summary
Defendants Mattes Auto Sales/Mike Mattes and BAMA Auto Center (insured by Pennsylvania Manufacturer's Association) each sought reconsideration of an April 2, 2024 Appeals Board Opinion that rescinded the WCJ's January 8, 2024 Findings and Order and returned the case to the trial level for further proceedings on employment and injury AOE/COE issues. The Board addressed a procedural issue: the case file was not transmitted from the DWC district office to the Appeals Board until August 1, 2024, well past the 60-day deadline under former Labor Code section 5909, due to administrative error rather than fault of the parties. The Board held that its time to act was equitably tolled until 60 days after August 1, 2024, citing Shipley. On the merits, the Board determined that its April 2, 2024 Opinion—which merely rescinded an order and remanded for further proceedings—was not a 'final' order subject to reconsideration. Accordingly, the Board dismissed both Petitions for Reconsideration.
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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