CompFox AI Summary
The Workers' Compensation Appeals Board considered a Petition for Reconsideration filed by Diane Clay against County of Los Angeles and Tristar. The Board reviewed the petition and the WCJ's report. The primary issue was the timeliness of the petition. According to Labor Code section 5909, the Appeals Board must act on a petition within 60 days of transmission, and a petition must be filed within 25 days of a final decision. The Board found that the petition, filed on June 11, 2025, was more than 25 days after the Findings of Fact and Order issued on May 14, 2025, making it untimely. As untimeliness is a jurisdictional issue, the Board lacked authority to consider it on merits. Therefore, the Petition for Reconsideration was dismissed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board considered a Petition for Reconsideration filed by Diane Clay against County of Los Angeles and Tristar. The Board reviewed the petition and the WCJ's report. The primary issue was the timeliness of the petition. According to Labor Code section 5909, the Appeals Board must act on a petition within 60 days of transmission, and a petition must be filed within 25 days of a final decision. The Board found that the petition, filed on June 11, 2025, was more than 25 days after the Findings of Fact and Order issued on May 14, 2025, making it untimely. As untimeliness is a jurisdictional issue, the Board lacked authority to consider it on merits. Therefore, the Petition for Reconsideration was dismissed.
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