Home/Case Law/BRIAN GARDNER vs. THERMO-KING, AMERICAN ALTERNATIVE INSURANCE, RISK ENTERPRISE MANAGEMENT
Regular DecisionRegular Panel Decision

BRIAN GARDNER vs. THERMO-KING, AMERICAN ALTERNATIVE INSURANCE, RISK ENTERPRISE MANAGEMENT

Filed: Jan 12, 2012
San Francisco
ADJ2577862 (VNO 0445793), ADJ1184365 (VNO 0445790)

CompFox AI Summary

A lien claimant, Advanced Orthopedics, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was filed 28 days after the mailing of the original decision, exceeding the 25-day deadline. Despite a proof of service claiming personal service on November 17, 2011, the WCAB's records show the petition was not received until November 22, 2011. The Board stated that even if timely, the petition would have been denied on the merits.

Full Decision Text1 Pages

A lien claimant, Advanced Orthopedics, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was filed 28 days after the mailing of the original decision, exceeding the 25-day deadline. Despite a proof of service claiming personal service on November 17, 2011, the WCAB's records show the petition was not received until November 22, 2011. The Board stated that even if timely, the petition would have been denied on the merits.

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BRIAN GARDNER vs. THERMO-KING, AMERICAN ALTERNATIVE INSURANCE, RISK ENTERPRISE MANAGEMENT (2012) – San Francisco | CompFox