CompFox AI Summary
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an earlier order. The defendant challenged the Board's jurisdiction, contending the applicant's prior reconsideration petition was automatically denied due to inaction within 60 days. The Board acknowledged a split in authority on whether an order granting reconsideration for further study constitutes a final order, an issue currently pending before the Supreme Court in related cases. To preserve the defendant's rights, the Board granted the petition and deferred a final decision after reconsideration, maintaining its continuing jurisdiction over the matter.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration regarding an earlier order. The defendant challenged the Board's jurisdiction, contending the applicant's prior reconsideration petition was automatically denied due to inaction within 60 days. The Board acknowledged a split in authority on whether an order granting reconsideration for further study constitutes a final order, an issue currently pending before the Supreme Court in related cases. To preserve the defendant's rights, the Board granted the petition and deferred a final decision after reconsideration, maintaining its continuing jurisdiction over the matter.
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