What the panel ordered
Petition for reconsideration dismissed as untimely
Petition for reconsideration filed on January 26, 2024, after the WCJ's December 11, 2023 decision
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 more than 25 days after the WCJ's decision, beyond the allowed time limit, which is jurisdictional and mandatory.
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).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.