WCPanelIQ
PanelGranted

Stivers, Cierra

CIERRA STIVERS, Applicant vs. CLEAN PATH BEHAVIORAL HEALTH; INSURANCE COMPANY OF THE WEST, Defendants

ADJ number
ADJ15637551
Decision date
Mar 24, 2024
District office
Los Angeles
WCJ
—
Claim administrator
Insurance Company of the West
Commissioners
CRAIG SNELLINGS, COMMISSIONER, KATHERINE WILLIAMS DODD, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5909CCR §10961

Summary

While applicant Cierra Stivers's petition for reconsideration was pending, the parties reached a proposed settlement. The WCJ had issued Findings and Order on February 7, 2023, and applicant filed a timely petition on February 23, 2023, but the Appeals Board failed to act within the 60-day statutory period due to procedural irregularities. Relying on Shipley, the Board found its time to act was tolled and that the burden of the system's inadequacies should not fall on the parties. Because a District Office cannot act on a case pending reconsideration, the Board granted reconsideration, rescinded the WCJ's February 7, 2023 decision, and returned the matter to the trial level so the WCJ could review the proposed settlement. This was not a final decision on the merits.

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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