What the panel ordered
Findings and Order dismissing IMR appeal as untimely rescinded; matter returned to trial level for further proceedings
WCJ dismissed applicant's IMR appeal as untimely; Appeals Board en banc rescinded that dismissal and returned matter to trial level for merits consideration
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.
The Appeals Board held that the term 'mailing' in Labor Code section 4610.6(h) includes the five-day extension for service by mail under Code of Civil Procedure section 1013(a), making the IMR appeal timely.
From the decision · page 116 On February 20, 2015, a workers' compensation administrative law judge (WCJ) issued a Findings
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The IMR appeal was filed on the 34th day after mailing of the IMR determination, within the extended time period including the 5-day extension under Code of Civil Procedure section 1013(a).