Nielsen

Applicant Jeff Nielsen seeks review of an order of the Workers’ Compensation Appeals Board (WCAB or Board) denying reconsideration of the decision of the Workers’ Compensation Judge (WCJ) that applicant’s claim is barred by the statute of limitations.

When the petition for writ of review was originally filed in this court we denied it both because we believed the order of the WCAB was fully supported by the portion of the record attached to the petition and because the petition failed utterly to comply with rule 57, (a), of the California Rules of Court which requires a petition for review of a workers’ compensation decision to include a fair statement of the material evidence if it is claimed the decision is not supported by substantial evidence. The California Supreme Court granted a hearing and retransferred the case to this court “with directions to issue an alternative writ.” We interpreted the directions as requiring us to issue a writ of review and we complied. Upon further consideration it remains our opinion that substantively the Board’s order is supported by the record and that the absence of a statement of the material evidence, which defect was pointed out…