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PanelDismissed

Catalan, Andres

ANDRES CATALAN, Applicant vs. TRADEMARK CONSTRUCTION CO., INC.; ADMINSURE, INC., Defendants

ADJ number: ADJ13762395
Decision date: Mar 19, 2026
District office: Van Nuys
WCJ: —
Claim administrator: AdminSure, Inc.
Commissioners: KATHERINE A. ZALEWSKI, CHAIR, JOSEPH V. CAPURRO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

LC §3201.5LC §112LC §115LC §5301LC §5901LC §5908.5LC §5950LC §5906LC §5908LC §5315LC §5701LC §5911LC §5951LC §5909LC §5952LC §4709CCR §10320CCR §10330

Summary

Defendant Trademark Construction Co. timely filed a Petition for Reconsideration on December 14, 2023, challenging a November 15, 2023 Findings and Award issued by a workers' compensation arbitrator (WCA) under an ADR program authorized by Labor Code section 3201.5. The Appeals Board did not receive the complete case file and failed to act within the 60-day period under former section 5909, with the case not transmitted to the Board until March 10, 2026. Applying the equitable tolling doctrine from Shipley v. WCAB, the Board found the 60-day period tolled during the period the file was not received, through no fault of the parties. Because defendant had previously filed a request to withdraw the Petition on October 13, 2025, the Board dismissed the Petition 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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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.