Home/Case Law/DAVID SHOFNER vs. AMERICAN COMMERCIAL SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, in liquidation
Regular Decision

DAVID SHOFNER vs. AMERICAN COMMERCIAL SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE INSURANCE COMPANY, in liquidation

Filed: Aug 02, 2019
San Francisco
ADJ2317181 (LBO 0308334)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed David Shofner's petition for reconsideration as untimely. The petition was filed on June 12, 2019, which was more than 25 days after the served decision of May 16, 2019. California law requires petitions for reconsideration to be received by the WCAB within this jurisdictional timeframe, not merely mailed. Since the filing deadline was missed, the Board lacked authority to consider the petition's merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed David Shofner's petition for reconsideration as untimely. The petition was filed on June 12, 2019, which was more than 25 days after the served decision of May 16, 2019. California law requires petitions for reconsideration to be received by the WCAB within this jurisdictional timeframe, not merely mailed. Since the filing deadline was missed, the Board lacked authority to consider the petition's merits.

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