What the panel ordered
Petition for Reconsideration is dismissed as untimely.
Petition for Reconsideration of WCJ's Findings of Fact, Award (issued October 31, 2023).
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 30-day deadline from the date of the WCJ's decision, making it untimely and depriving the Board of jurisdiction.
From the decision · page 2In this case, the WCJ issued the Findings of Fact, Award on October 31, 2023. Based on the authority cited above, petitioner had until Thursday, November 30, 2023 to seek reconsideration on a timely basis. Therefore, the Petition for Reconsideration filed on December 4, 2023 is untimely and will be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the Findings of Fact, Award on October 31, 2023.
Favours Defendant prevailed
This date started the 30-day period for filing a petition for reconsideration.
From the decision · page 2In this case, the WCJ issued the Findings of Fact, Award on October 31, 2023. Based on the authority cited above, petitioner had until Thursday, November 30, 2023 to seek reconsideration on a timely basis. Therefore, the Petition for Reconsideration filed on December 4, 2023 is untimely and will be dismissed.
The Petition for Reconsideration was filed on December 4, 2023.
Favours Defendant prevailed
This was after the 30-day deadline, making the petition untimely.
From the decision · page 2In this case, the WCJ issued the Findings of Fact, Award on October 31, 2023. Based on the authority cited above, petitioner had until Thursday, November 30, 2023 to seek reconsideration on a timely basis. Therefore, the Petition for Reconsideration filed on December 4, 2023 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, §§ 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
There are 30 days allowed within which to file a petition for reconsideration from a 'final' decision served by mail upon an address outside California. The time limit is jurisdictional and the Appeals Board has no authority to consider or act upon an untimely petition.
The petition was filed after the 30-day deadline, so the Board lacks jurisdiction to consider it.
From the decision · page 1There are 30 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address outside 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
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