Authorities as the decision cited them, with how this panel applied each one.
Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
A final order is one that determines substantive rights or a threshold issue fundamental to the claim for benefits; time limits for petitions for reconsideration are jurisdictional and must be observed.
The Order based on the Notice of Intention became final on May 16, 2019, and no timely petition for reconsideration was filed.
From the decision · page 4DISCUSSION
Preliminarily, we note that a "final" order has been defined as one that either "determines
any substantive right or liability of those involved in the case" (Rymer v. Hagler (1989) 211
Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer) (1980) 104
Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v. Workers'
Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661]) or
determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v. Workers'
Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].) There 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 and 30 days allowed when service is made upon
an address outside of California. (Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority
to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp.
Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989)
211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979,
984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com.
Labor Code section 4622(a)(1)
Labor Code section 4622(a)(1) requires payment within 60 days of billing or penalties and interest apply; contested claims must be timely resolved.
Defendant tendered payment on May 15, 2019, pursuant to the Order, avoiding penalties and interest.
From the decision · page 3No objection was filed by any party. Although evidence of payment was not submitted at
trial, according to defendant's verified Answer, it tendered payment on May 15, 2019 pursuant to
the NOI.
Labor Code section 5813; WCAB Rule 10786(i)(1)
Labor Code section 5813 and WCAB Rule 10786(i)(1) authorize sanctions, costs, and attorney's fees for bad faith failure to comply with payment requirements.
No bad faith was found after May 16, 2019, so no sanctions, costs, or attorney's fees were awarded.