ADJ11997989 — California WCAB decision

What the panel ordered

Petition for Reconsideration is dismissed as untimely and successive.

Applicant filed a Petition for Reconsideration and supplemental pleadings, which the Appeals Board reviewed along with the WCJ's Report and Recommendation.

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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.

Reconsideration / removalDefendant prevailed

The Petition for Reconsideration was filed after the statutory deadline and was a successive petition without new grounds; the Board lacks jurisdiction to consider untimely or successive petitions unless the party is newly aggrieved.

From the decision · page 2In this case, the WCJ issued the Findings and Order on September 6, 2022. Based on the authority cited, above, applicant had until Monday, October 3, 2022 to seek reconsideration on a timely basis. Therefore, the Petition for Reconsideration filed on January 11, 2023 is untimely and subject to dismissal.

The facts that decided it

What the panel treated as outcome-determinative, and which side it favoured.

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)

A petition for reconsideration must be filed within 25 days of a final decision served by mail in California; this time limit is jurisdictional and cannot be extended by proof of mailing alone.

The applicant's petition was filed after the deadline, so the Board lacks authority to consider it.

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, § 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).)

Goodrich v. Industrial Acc. Com. (1943) 22 Cal.2d 604, 611; Ramsey v. Workmen's Comp. Appeals Bd. (1971) 18 Cal.App.3d 155, 159; Crowe Glass Co. v. Industrial Acc. Com. (Graham) (1927) 84 Cal.App.287, 293-295; Navarro v. A & A Framing (2002) 67 Cal.Comp.Cases 296, 299

The Board will not entertain a successive petition for reconsideration unless the party is newly aggrieved.

Applicant was not newly aggrieved and had previously filed untimely petitions, so the successive petition is not permitted.

From the decision · page 2In addition, it is well settled that where a party fails to prevail on a petition for reconsideration, the Appeals Board will not entertain a successive petition by that party unless the party is newly aggrieved. (Goodrich v. Industrial Acc. Com. (1943) 22 Cal.2d 604, 611 [8 Cal.Comp.Cases 177]; Ramsey v. Workmen's Comp. Appeals Bd. (1971) 18 Cal.App.3d 155, 159 [36 Cal.Comp.Cases 382]; Crowe Glass Co. v. Industrial Acc. Com. (Graham) (1927) 84 Cal.App.287, 293-295 [14 IAC 221].). As stated in our en banc opinion in Navarro v. A & A Framing (2002) 67 Cal.Comp.Cases 296, 299:

ADJ11997989 · March 13, 2023

What the panel ordered

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