CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The petition was filed on March 29, 2013, more than 20 days after the Workers' Compensation Judge's decision was personally served on March 6, 2013. As the decision was personally served, the five-day mailing extension under Code of Civil Procedure section 1013 did not apply. The WCAB noted that timely filing is jurisdictional and therefore lacked the power to grant the untimely petition. However, defendants retain the option to file a Petition to Reopen.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration as untimely. The petition was filed on March 29, 2013, more than 20 days after the Workers' Compensation Judge's decision was personally served on March 6, 2013. As the decision was personally served, the five-day mailing extension under Code of Civil Procedure section 1013 did not apply. The WCAB noted that timely filing is jurisdictional and therefore lacked the power to grant the untimely petition. However, defendants retain the option to file a Petition to Reopen.
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