What the panel ordered
Reconsideration granted, WCJ's January 18, 2022 decision rescinded, matter returned for further proceedings and decision by the WCJ.
Petition for reconsideration of January 18, 2022 Amended Joint Findings and Award; WCAB granted reconsideration, rescinded the WCJ's decision, and returned the matter for further proceedings.
This docket was decided more than once. Shown here is the latest released decision; we also hold November 2, 2021.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant's petition was timely because service to defendant was made to an address outside California, extending the time to file for all parties under WCAB Rule 10605.
From the decision · page 1Contrary to the WCJ, we find applicant's petition timely filed. There are 20 days allowed within which to file a petition for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time is extended by 10 calendar days if service is made to an address outside of California but within the United States. (Cal. Code Regs., tit. 8, § 10605(a)(1).) While applicant and her attorney received service of the decision within California, defendant was served at an address outside of California. Accordingly, and to observe due process for all parties, we interpret WCAB Rule 10605 as extending the time to file for all parties being served.