CompFox AI Summary
This case involves Baltazar Leyva-Martinez's petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the WCJ's decision, exceeding the statutory 20-day limit plus potential mailing extension. The WCAB emphasized that the filing deadline for reconsideration petitions is jurisdictional and cannot be waived. The matter is now returned to the WCJ for consideration of sanctions against the applicant.
Full Decision Text1 Pages
This case involves Baltazar Leyva-Martinez's petition for reconsideration, which the Workers' Compensation Appeals Board (WCAB) dismissed. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the WCJ's decision, exceeding the statutory 20-day limit plus potential mailing extension. The WCAB emphasized that the filing deadline for reconsideration petitions is jurisdictional and cannot be waived. The matter is now returned to the WCJ for consideration of sanctions against the applicant.
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