What the panel ordered
Applicant's Petition for Reconsideration is dismissed as untimely.
Applicant filed a petition for reconsideration of the WCJ's decision dated February 4, 2021 and served February 5, 2021. The Appeals Board reviewed the petition and the WCJ's report.
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 for reconsideration was filed more than 25 days after service of the WCJ's decision and is therefore untimely under the applicable statutes and regulations.
From the decision · page 2The petition in this matter was filed on March 8, 2021. This was more than 25 days after the service of the WCJ's February 5, 20211 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The petition for reconsideration was filed on March 8, 2021, more than 25 days after the WCJ's decision was served on February 5, 2021.
Favours Defendant prevailed
This fact made the petition untimely under the jurisdictional deadline, requiring dismissal.
From the decision · page 2The petition in this matter was filed on March 8, 2021. This was more than 25 days after the service of the WCJ's February 5, 20211 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, § 10605(a)(1), § 10600, § 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.
A petition for reconsideration must be filed with the WCAB within 25 days of service of a final decision by mail upon an address in California; proof of mailing is insufficient, and the time limit is jurisdictional.
The petition was filed more than 25 days after service of the WCJ's decision, so the Appeals Board has no authority 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, former § 10507(a)(1), now § 10605(a)(1) (eff. Jan. 1, 2020).) 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, former § 10508, now § 10600 (eff. Jan. 1, 2020).) 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, former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1, 2020).)
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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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