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High Court: 60-Day Recon Deadline Not Jurisdictional; Equitable Tolling Inappropriate

  • State: California
  • Topic: Top
  • - Popular with: Legal
  • -  0 shares
The California Supreme Court on Monday rejected the Workers' Compensation Appeals Board's pr…

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Juan Armenta Aug 25, 2026 a 12:55 pm PDT

What a welcome decision! This makes clear that speed is as important if not more important than sitting on recons to achieve "perfect justice". We will see what happens to the hundreds of recons held in statis, but this seems to be the Supreme Court telling WCAB 60 days only and the remedy is a writ if no action. Indeed, it seems to tell litigants if 60 days passes, your 45 day writ window opens.Trash canning the use of Shipley to bless warehousing recons was never a just extension of power as people need a resolution, good or bad, to move on with life.

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