In an unpublished decision, the First District Court of Appeal has ruled that the time in which to petition for reconsideration of an amended award depends on whether the amendment was for substantive or non-substantive reasons.
In this case, the original Award was amended by the WCJ in a way which substantively changed the findings. The opposing party filed its Petition for Reconsideration against the Amended Award within the statutory time period if counted from the date of the amended award, but not if counted from the date that the original award issued.
The Court of Appeal ruled that the Recon Petition was timely filed because the time in which to filed a Petition for Reconsideration begins from the date of the amendment -- if the amendment is substantive in nature.
The Court also noted that, had the Award been amended for a clerical (non-substantive) reason, the result would have been different because, then, the time in which to petition for reconsideration begins from the date of the original award.
The case is Nestle Ice Cream vs. WCAB (Ryerson).
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