CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed David Kallaby's petition for reconsideration as untimely. The petition was filed on January 11, 2010, which was over 25 days after the Workers' Compensation Judge's (WCJ) decision was served on November 10, 2009. California law strictly enforces the 20-day filing deadline for reconsideration petitions, with a limited extension for mailing. This jurisdictional deadline means the WCAB lacks the power to grant untimely petitions. Therefore, the WCAB dismissed the petition, noting that even if timely, it would have been denied on the merits based on the WCJ's report.
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