Home/Case Law/EMILIO LOPEZ vs. TEMPO INDUSTRIES, COMPWEST
Regular DecisionRegular Panel Decision

EMILIO LOPEZ vs. TEMPO INDUSTRIES, COMPWEST

Filed: Dec 06, 2015
San Francisco
ADJ3186295

CompFox AI Summary

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The petition was deemed untimely because it was filed more than 20 days after the Administrative Law Judge's decision was personally served. California Labor Code section 5903 sets a strict 20-day deadline for filing a petition for reconsideration, with no mailing extension applicable for personal service. The WCAB emphasized that this jurisdictional deadline cannot be extended, and therefore, the untimely petition was dismissed.

Full Decision Text1 Pages

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The petition was deemed untimely because it was filed more than 20 days after the Administrative Law Judge's decision was personally served. California Labor Code section 5903 sets a strict 20-day deadline for filing a petition for reconsideration, with no mailing extension applicable for personal service. The WCAB emphasized that this jurisdictional deadline cannot be extended, and therefore, the untimely petition was dismissed.

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