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PanelRemanded

Rosa Banderas — ADJ1407512

ROSA BANDERAS, Applicant vs. WALMART STORES, INC.; AMERICAN HOME ASSURANCE, Defendants

ADJ number: ADJ1407512
Decision date: Feb 1, 2022
District office: Marina del Rey
WCJ: —
Claim administrator: American Home Assurance
Commissioners: CRAIG SNELLINGS, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5909

Summary

Both applicant Rosa Banderas and defendant Walmart Stores/American Home Assurance filed timely Petitions for Reconsideration of a WCJ's April 23, 2021 decision. Due to a clerical error by the WCAB, the matter was not transmitted to the Appeals Board within the 90-day statutory period under Labor Code section 5909. Relying on Shipley v. WCAB, the Board held that its time to act was tolled during the period the file was misplaced, so reconsideration was properly granted. On the merits, the Board adopted the WCJ's report recommending that the petitions be granted, rescinded the April 23, 2021 decision, and returned the matter to the trial level for further proceedings and a new decision.

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.