What the panel ordered
Applicant's Petition for Reconsideration of the March 10, 2025 Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration is dismissed as untimely.
Applicant seeks reconsideration of the March 10, 2025 Opinion and Order Granting Petition for Reconsideration and Decision after Reconsideration, which amended the WCJ's November 26, 2024 Findings, Award, and Orders to provide the Court with applicant's non-privileged claims file for in-camera review, but otherwise affirmed the WCJ's FA&O.
This docket was decided more than once. Shown here is the latest released decision; we also hold March 10, 2025, December 22, 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.
Applicant's petition for reconsideration was filed after the 20-day deadline and thus was untimely, depriving the Appeals Board of jurisdiction to consider it.
From the decision · page 4II. Turning now to the Petition, we note that there are 20 days allowed within which to file a petition for reconsideration from a "final" decision. (Lab. Code, § 5900(a), 5903.) This time is extended by 5 calendar days if service is made to an address within California and 10 calendar days if service is made to an address outside of California but within the United States. (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. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) Here, the O&O was served by mail to an address within California on March 10, 2025. The twenty-fifth day fell on Friday, April 4, 2025.