What the panel ordered
Petition for reconsideration dismissed as untimely; remanded to trial level to treat as timely petition to reopen
Petition for reconsideration filed July 12, 2023, seeking review of WCJ Findings and Order dated October 11, 2021
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 more than 25 days after the final decision and was not received by the WCAB within the allowed time, making it untimely and outside the Board's jurisdiction to consider.
From the decision · page 1As a preliminary matter, applicant's petition for reconsideration is untimely. 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. (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).)