Marie Gutierrez — ADJ4503477

Applicant Marie Gutierrez sought reconsideration of the Appeals Board's February 25, 2022 Order Granting Reconsideration and Decision After Reconsideration, which rescinded a WCJ's September 7, 2021 Findings and Order and returned the matter to the trial level for further proceedings. The underlying WCJ decision had found industrial injury during a cumulative period ending December 31, 2006 and that the statute of limitations did not apply, but was rescinded because the WCJ failed to adequately specify the reasons or grounds as required by Labor Code section 5313. Applicant argued the Board erred in acting outside the 60-day period of section 5909 (equating EAMS filing date to actual notice) and in rescinding the WCJ's decision. The Board dismissed the petition because the rescission order returning the matter to the trial level is an interim order, not a final order subject to reconsideration. The Board also noted that even if treated as a petition for removal, it would be denied for lack of any showing of significant prejudice or irreparable harm.