What the panel ordered
Petition for Reconsideration dismissed as untimely
Petition for Reconsideration filed July 5, 2022, challenging WCJ decision dated February 22, 2019
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition was filed more than 25 days after the WCJ decision was served, making it untimely and jurisdictionally barred.
From the decision · page 1We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, the petition is untimely and must be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ decision was served on February 22, 2019.
Favours neutral
The 25-day period to file a petition for reconsideration started from this service date.
From the decision · page 1The petition in this matter was filed on July 5, 2022. This was more than 25 days after the service of the WCJ's February 22, 2019 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
The petition for reconsideration was filed on July 5, 2022, more than 25 days after the WCJ decision was served.
Favours Defendant prevailed
This made the petition untimely and barred the Board from considering it.
From the decision · page 1The petition in this matter was filed on July 5, 2022. This was more than 25 days after the service of the WCJ's February 22, 2019 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10600, 10605(a)(1), 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of service of the final decision, and must be received by the WCAB within that time; mailing within the period is insufficient.
The petition was filed more than 25 days after the WCJ decision was served, so it was untimely and the Board lacked jurisdiction to consider it.
From the decision · page 1There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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