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PanelDismissed

Shane Perry — ADJ10814219, ADJ10817362, ADJ10815251

SHANE PERRY, Applicant vs. MASTEC INC.; ACE AMERICAN INSURANCE COMPANY, Defendants

ADJ number: ADJ10814219, ADJ10817362, ADJ10815251
Decision date: Apr 6, 2022
District office: Oakland
WCJ: —
Claim administrator: ACE American Insurance Company
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5909LC §5315LC §5904

Summary

Defendant MasTec Inc. and ACE American Insurance Company filed a Petition for Reconsideration (described in the heading as a Petition for Removal) of a WCJ decision issued January 19, 2021. The Appeals Board granted reconsideration on January 3, 2022, well beyond the 60-day statutory period of Labor Code section 5909, but invoked Shipley to hold its time to act was tolled because the failure to act was through no fault of the parties. While pending on reconsideration, the petitioner withdrew the petition. The Board determined the WCJ's decision resolved a threshold issue, making it a final order properly subject to reconsideration rather than removal. As its decision after reconsideration, the Board vacated its order granting reconsideration and dismissed the petition.

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.