Weiss v. Maine Soapstone Co. (Decision 26-10)- Where employee filed a Petition to Reopen For Mistake of Fact or Fraud under sec. 321(2) in 2024 on a decision issued in 2012, the ALJ did not err in determining the Petition to Reopen was untimely as beyond the one year time limit. The panel rejected the employee’s argument that the second paragraph of sec. 321(2) removes the one year time limit in cases where the employee has not committed fraud. The Appellate Division held the second paragraph does not refer to the petition to reopen, but rather to other petitions for which the employee might have otherwise been time barred.
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