Home/Case Law/EDGAR GAZITUA vs. CARPET PROS, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY
Regular Decision

EDGAR GAZITUA vs. CARPET PROS, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY

Filed: Dec 22, 2016
Anaheim
ADJ9657364, ADJ8944404

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Edgar Gazitua's Petition for Reconsideration because it was filed untimely. The deadline for filing was October 21, 2016, but the petition was received by the WCAB on October 28, 2016. The WCAB stressed that timely filing requires receipt by the board, not just mailing. Therefore, the WCAB lacked jurisdiction to consider the untimely petition, and would have denied it on the merits if it had been timely.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Edgar Gazitua's Petition for Reconsideration because it was filed untimely. The deadline for filing was October 21, 2016, but the petition was received by the WCAB on October 28, 2016. The WCAB stressed that timely filing requires receipt by the board, not just mailing. Therefore, the WCAB lacked jurisdiction to consider the untimely petition, and would have denied it on the merits if it had been timely.

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