What the panel ordered
Petition for Reconsideration dismissed as untimely
Petition for Reconsideration filed May 17, 2021, dismissed as untimely
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 beyond the 25-day deadline after the WCJ's decision was served, 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's decision was served by mail on March 4, 2021, starting the 25-day period for filing a petition for reconsideration.
Favours Defendant prevailed
This established the deadline for timely filing the petition.
From the decision · page 2In this case, the WCJ's decision issued on March 4, 2021 and was served by mail on applicant and applicant's attorney to their addresses as listed in the Official Address Record. There is no evidence of defective service. Based on the authority cited above, applicant had until Monday, March 29, 2021 to file a timely Petition for Reconsideration. Therefore, the Petition for Reconsideration filed on May 17, 2021 is untimely and will be dismissed.
The petition for reconsideration was filed on May 17, 2021, which is after the 25-day deadline of March 29, 2021.
Favours Defendant prevailed
Filing after the deadline made the petition untimely and subject to dismissal.
From the decision · page 2In this case, the WCJ's decision issued on March 4, 2021 and was served by mail on applicant and applicant's attorney to their addresses as listed in the Official Address Record. There is no evidence of defective service. Based on the authority cited above, applicant had until Monday, March 29, 2021 to file a timely Petition for Reconsideration. Therefore, the Petition for Reconsideration filed on May 17, 2021 is untimely and will 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, former §§ 10507(a)(1), 10508, 10845(a), 10392(a); now §§ 10605(a)(1), 10600, 10940(a), 10615(b)
25 days allowed to file a petition for reconsideration from a final decision served by mail within California; petition must be received by WCAB within the time allowed; mailing proof insufficient for timeliness
The petition was filed beyond the 25-day deadline and was dismissed as untimely.
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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