Home/Case Law/BALTAZAR LEYVA-MARTINEZ vs. SWISS DAIRY/DEAN FOODS, INC., GALLAGHER BASSETT SERVICES
Regular DecisionReconsideration

BALTAZAR LEYVA-MARTINEZ vs. SWISS DAIRY/DEAN FOODS, INC., GALLAGHER BASSETT SERVICES

Filed: Sep 10, 2013
San Francisco
ADJ1220098

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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