Deadline for Recon Doesn't Implicate Fundamental Jurisdiction, Is Subject to Equitable Tolling

A California appeals court rejected a request to wait until the state Supreme Court clarifies the deadline for the Workers' Compensation Appeals Board to act on petitions for reconsideration, and said the 60-day window can be disregarded when the three elements of equitable tolling are satisfied. As such, the 6th District Court of Appeals said the WCAB did not err when it granted Lance D. Miraco's petition for reconsideration more than 60 days after it was filed, substituting its findings for those of the workers' compensation judge and concluding that the claim was not time-...