Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10600, 10940(a), 10615(b)
25 days allowed to file a petition for reconsideration from a final decision served by mail in California; must be received by WCAB within that time; mailing proof insufficient
The petition was filed after the deadline and was dismissed as untimely.
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).)
Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549
Appeals Board has no authority to consider untimely petitions for reconsideration
The petition was untimely, so the Appeals Board dismissed it for lack of jurisdiction.
From the decision · page 1This time limit is jurisdictional and, therefore, the Appeals Board has no authority to
consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp.
Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989)
211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979,
984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza)
(1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].)