What the panel ordered
Petition for Reconsideration dismissed as untimely
Petition for Reconsideration filed untimely and dismissed
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 after the 25-day deadline and was not received by the WCAB within the allowed time, making it untimely and subject to dismissal.
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 issued the Findings and Order on October 21, 2022, serving petitioner by email as designated in EAMS.
Favours Defendant prevailed
This established the start date for the 25-day deadline to file a petition for reconsideration.
From the decision · page 2In this case, the WCJ issued the Findings and Order on October 21, 2022, serving petitioner by email, petitioner's designated preferred method of communication in the Electronic Adjudication Management System (EAMS), using the email address EAMS@RAMZLAW.COM, as listed on the Official Address Record. Based on the authority cited above, petitioner had until Tuesday, November 15, 2022 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on November 17, 2022 is untimely and must be dismissed.
The petition for reconsideration was filed on November 17, 2022, after the November 15, 2022 deadline.
Favours Defendant prevailed
Filing after the deadline made the petition untimely and subject to dismissal.
From the decision · page 2In this case, the WCJ issued the Findings and Order on October 21, 2022, serving petitioner by email, petitioner's designated preferred method of communication in the Electronic Adjudication Management System (EAMS), using the email address EAMS@RAMZLAW.COM, as listed on the Official Address Record. Based on the authority cited above, petitioner had until Tuesday, November 15, 2022 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on November 17, 2022 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)
25-day deadline to file a petition for reconsideration from a final decision served by mail, fax, or email within California, with extensions for weekends or holidays; petition must be received by the WCAB within the time allowed; mailing alone is insufficient.
The petition was filed after the deadline and was not received timely, thus 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, fax, or email 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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