Home/Case Law/DAVID BRINKERHOFF vs. BOYETT CONSTRUCTION, ZURICH AMERICAN INSURANCE CO.
Regular DecisionReconsideration

DAVID BRINKERHOFF vs. BOYETT CONSTRUCTION, ZURICH AMERICAN INSURANCE CO.

Filed: Jun 03, 2019
Sacramento
ADJ9722838

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed David Brinkerhoff's petition for reconsideration as untimely. The petition was filed on April 3, 2019, which was more than the 25-day statutory deadline after the Arbitrator's March 7, 2019 decision. The Board emphasized that the filing deadline is jurisdictional and proof of mailing is insufficient; the petition must be received by the Board within the timeframe. Consequently, the Board lacked the authority to consider the merits of the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed David Brinkerhoff's petition for reconsideration as untimely. The petition was filed on April 3, 2019, which was more than the 25-day statutory deadline after the Arbitrator's March 7, 2019 decision. The Board emphasized that the filing deadline is jurisdictional and proof of mailing is insufficient; the petition must be received by the Board within the timeframe. Consequently, the Board lacked the authority to consider the merits of the petition.

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DAVID BRINKERHOFF vs. BOYETT CONSTRUCTION, ZURICH AMERICAN INSURANCE CO. (2019) – Sacramento | CompFox