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PanelDismissed

Gloria Gutierrez — ADJ12146064

GLORIA GUTIERREZ, Applicant vs. ABM INDUSTRIES, INC.; Permissibly Self-Insured, Administered by ESIS WC CLAIMS, Defendants

ADJ number: ADJ12146064
Decision date: May 5, 2021
District office: Van Nuys
WCJ: —
Claim administrator: ESIS WC Claims (administering for ABM Industries, Inc., Permissibly Self-Insured)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR

LC §5909LC §5900LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615

Summary

Applicant Gloria Gutierrez sought reconsideration of an Arbitrator's decision issued and served by mail on November 23, 2020. Although the Appeals Board failed to act on the petition within the 60-day statutory period under Labor Code section 5909, the Board applied the Shipley doctrine to find that its time to act was tolled because the failure to act was through no fault of the applicant. However, the Board determined that the applicant's own petition was untimely because it was filed on January 5, 2021, well past the December 18, 2020 deadline (25 days from mailed service). Because the 25-day deadline is jurisdictional, the Board had no authority to consider the petition and dismissed it.

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.

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.