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PanelRemanded

Herrera Arzate, Rafael

RAFAEL HERRERA ARZATE, Applicant vs. ABM INDUSTRIES, INC., as administered by ESIS, Defendants

ADJ number: ADJ11376123
Decision date: Jul 23, 2024
District office: Los Angeles
WCJ: —
Claim administrator: ESIS
Commissioners: KATHERINE WILLIAMS DODD, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

LC §5909LC §3202LC §5901LC §5950LC §5952CCR §10961

Summary

Applicant Rafael Herrera Arzate filed a timely Petition for Reconsideration on November 30, 2020, challenging the arbitrator's Findings and Order of November 9, 2020. The Appeals Board failed to act within the 60-day statutory period under Labor Code section 5909, but found its time to act was equitably tolled through no fault of petitioner. While the matter was pending on reconsideration, the parties reached a proposed settlement, which the District Office was precluded from acting upon under CCR section 10961. The Board granted reconsideration, rescinded the November 9, 2020 decision, and returned the matter to the trial level so the proposed settlement could be considered. This was expressly not a final decision on the merits of any pending issues.

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.

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.