6th DCA: No Equitable Tolling Without Record Showing Attempt to Meet Deadline

California's 6th District Court of Appeal on Wednesday said the Workers' Compensation Appeals Board acted outside its jurisdiction by granting an injured worker's petition for reconsideration nearly two years after it was filed. The WCAB did not attempt to explain the 22-month delay between receiving the case file and issuing its order after reconsideration, and there was no evidence of special circumstances to justify equitable tolling of the limitations period. Even assuming satisfaction of the first two elements — timely notice and lack of prejudice — the court...