California Supreme Court Watch

#24-234 Mayor v. Workers’ Comp. Appeals Bd., S287261.  (A169465; 104 Cal.App.5th 713, mod. 104 Cal.App.5th 1297; Workers’ Compensation Appeals Board; ADJ10036954.)  Petition for review after the Court of Appeal granted a petition for peremptory writ of mandate in a Workers’ Compensation Appeals Board proceeding.  This case presents the following issues:  (1) May the Workers’ Compensation Appeals Board apply equitable tolling to act upon a petition for reconsideration beyond the 60-day period provided in Labor Code section 5909, when the Appeals Board did not receive the petition for reconsideration until after the 60-day period has elapsed?  (2) Did the Court of Appeal act in excess of its jurisdiction in granting relief under traditional mandate (Code Civ. Proc., § 1085), where petitioner did not file a timely petition for writ of review pursuant to Labor Code section 5909?

Petition for review granted; issues limited:  12/11/2024

See the Court of Appeal Opinion.