What the panel ordered
DENIEDp. 3
Petition for Removal treated as Petition for Reconsideration of a final order containing a threshold issue; WCJ report considered and relied upon in denying the petition.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ’s decision includes a finding regarding a threshold issue
Favours neutral
makes the order final and subject to reconsideration rather than removal
From the decision · page 2Here, the WCJ’s decision includes a finding regarding a threshold issue. Accordingly, the WCJ’s decision is a final order subject to reconsideration rather than removal.
Petition timely filed June 6, 2023 but Appeals Board did not receive notice within 60-day period
Favours Applicant prevailed
time to act tolled under Shipley
From the decision · page 1Here, applicant’s Petition was timely filed on June 6, 2023, but the Appeals Board did not receive notice within the 60-day time period. Therefore, we conclude that our time to act on it was tolled.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.