What the panel ordered
Petition for removal dismissed as untimely.
Petition for removal from a non-final decision of the WCJ, filed by applicant's attorney.
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 removal was filed more than 25 days after service of the WCJ's decision and was therefore untimely under the applicable regulations.
From the decision · page 1The petition in this matter was filed on December 7, 2023. This was more than 25 days after petitioner's attorney's service on October 30, 2023 of the WCJ's October 27, 2023 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 removal was filed on December 7, 2023, more than 25 days after service of the WCJ's decision on October 30, 2023.
Favours Defendant prevailed
This fact established that the petition was untimely under the applicable regulations, requiring dismissal.
From the decision · page 1The petition in this matter was filed on December 7, 2023. This was more than 25 days after petitioner's attorney's service on October 30, 2023 of the WCJ's October 27, 2023 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.
Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10955(a), 10600, 10615(b), 10940(a)
A petition for removal must be filed with the WCAB within 25 days of service of a non-final decision by mail upon an address in California; proof of mailing is insufficient, and the time is extended only if the last day falls on a weekend or holiday.
The petition was filed after the 25-day period expired, so it was untimely.
From the decision · page 1There are 25 days allowed within which to file a petition for removal from a "non-final" decision that has been served by mail upon an address in California. (Cal. Code Regs., tit. 8, § 10605(a)(1), 10955(a).) 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 removal 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, § 10615(b), 10940(a).)
What proof carried it
The evidence the panel weighed, by kind.
Filing date of the petition for removal was December 7, 2023, which was more than 25 days after service of the WCJ's decision on October 30, 2023.
From the decision · page 1The petition in this matter was filed on December 7, 2023. This was more than 25 days after petitioner's attorney's service on October 30, 2023 of the WCJ's October 27, 2023 decision, and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
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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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