Home/Case Law/ELMER COREAS vs. PEKING NOODLE COMPANY, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

ELMER COREAS vs. PEKING NOODLE COMPANY, ZENITH INSURANCE COMPANY

Filed: Jul 02, 2009
San Francisco
ADJ2219719 (VNO 0499919)

CompFox AI Summary

This case involves a petition for reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The petition was dismissed as untimely because it was filed 29 days after the decision was served, exceeding the jurisdictional 20-day limit plus a potential 5-day mailing extension. The WCAB emphasized that filing deadlines are jurisdictional and that the Board lacks the power to grant untimely petitions. Had the petition been timely, it would have been denied on the merits according to the WCJ's report.

Full Decision Text1 Pages

This case involves a petition for reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The petition was dismissed as untimely because it was filed 29 days after the decision was served, exceeding the jurisdictional 20-day limit plus a potential 5-day mailing extension. The WCAB emphasized that filing deadlines are jurisdictional and that the Board lacks the power to grant untimely petitions. Had the petition been timely, it would have been denied on the merits according to the WCJ's report.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.