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PanelGranted

Maureen Avendano — ADJ174134, ADJ4205201

MAUREEN AVENDANO, Applicant vs. BANK OF AMERICA; CHARTIS/AIG; ACE AMERICAN INSURANCE COMPANY administered by CORVEL CORPORATION, Defendants

ADJ number: ADJ174134, ADJ4205201
Decision date: Feb 24, 2022
District office: Los Angeles
WCJ: —
Claim administrator: CorVel Corporation (administering for Ace American Insurance Company); Chartis/AIG
Commissioners: JOSÉ H. RAZO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5909

Summary

The Appeals Board considered defendant's Petition for Reconsideration filed September 10, 2021, challenging the WCJ's August 23, 2021 Joint Findings, Award and Order. The Board failed to act on the petition within the 60-day statutory period under Labor Code section 5909 through no fault of the parties. Relying on Shipley v. Workers' Comp. Appeals Bd., the Board held its time to act was tolled because a party should not bear the burden of the system's inadequacies. The Board granted reconsideration, rescinded the August 23, 2021 decision, and returned the matter to the trial level for reassignment to a new WCJ and further proceedings. This was expressly not a 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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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.