What the panel ordered
Petition for Reconsideration dismissed as untimely and for failure to meet procedural requirements
Petition for Reconsideration filed April 22, 2022, seeking review of WCJ Findings of Fact issued March 8, 2022
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 45 days after the Findings of Fact were served, exceeding the 20-day filing deadline extended by 5 days for mail and further for weekends, making the petition untimely and depriving the Appeals Board of jurisdiction to grant it.
From the decision · page 3The Findings of Fact in this matter was served on the parties, including applicant, on March 8, 2022. Applicant's Petition was filed/received on April 22, 2022, which was 45 days after the Findings of Fact was served. Clearly, the date that the Petition was filed well exceeds the time limit imposed by Labor Code section 5903, as extended by Appeals Board rules 10605 and 10600. As noted above, the time limit for filing a petition for reconsideration is jurisdictional and the Appeals Board lacks the power to grant an untimely petition. Thus, we do not have jurisdiction regarding applicant's Petition and based thereon the Petition is dismissed.