What the panel ordered
Petition for Reconsideration dismissed as untimely.
Petition for Reconsideration filed by applicant after Findings and Order; Board reviews timeliness.
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 after the 25-day statutory period for reconsideration had expired, making it untimely and depriving the Board of jurisdiction.
From the decision · page 2In this case, the Findings and Order was issued and served by mail on applicant to her address as listed in the Official Address Record on March 25, 2021. Based on the authority cited above, applicant had until Monday, April 19, 2021 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on April 22, 2021 is untimely and must be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Findings and Order was served by mail on March 25, 2021; petition for reconsideration was filed on April 22, 2021, after the 25-day statutory period expired.
Favours Defendant prevailed
This made the petition untimely and deprived the Board of jurisdiction to consider it.
From the decision · page 2In this case, the Findings and Order was issued and served by mail on applicant to her address as listed in the Official Address Record on March 25, 2021. Based on the authority cited above, applicant had until Monday, April 19, 2021 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on April 22, 2021 is untimely and must be dismissed.
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 by mail of a final decision to a California address; mailing within the period is insufficient. The time limit is jurisdictional and cannot be extended.
The petition was filed after the 25-day period expired, so 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, 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).)
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.