Home/Case Law/ERIC MOREHOUSE vs. ANTHONY INDRIERI, d/b/a ORLANDO ELECTRIC AND AIR, HARBOR SPECIALTY INSURANCE, EMPLOYERS COMPENSATION INSURANCE COMPANY
Regular DecisionReconsideration

ERIC MOREHOUSE vs. ANTHONY INDRIERI, d/b/a ORLANDO ELECTRIC AND AIR, HARBOR SPECIALTY INSURANCE, EMPLOYERS COMPENSATION INSURANCE COMPANY

Filed: Jan 05, 2017
Sacramento
ADJ182746 (SAC 0335247)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Eric Morehouse's petition for reconsideration as untimely. The applicant filed the petition more than 30 days after the Administrative Law Judge's (ALJ) January 5, 2017 award, exceeding the statutory deadline for filing reconsideration when the award was served by mail outside of California. The WCAB emphasized that filing a petition, not just mailing it, within the time limit is a jurisdictional requirement. Issues regarding alleged non-payment of benefits or deferred dental injury claims can be raised before the ALJ via a new Petition and Declaration of Readiness.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed applicant Eric Morehouse's petition for reconsideration as untimely. The applicant filed the petition more than 30 days after the Administrative Law Judge's (ALJ) January 5, 2017 award, exceeding the statutory deadline for filing reconsideration when the award was served by mail outside of California. The WCAB emphasized that filing a petition, not just mailing it, within the time limit is a jurisdictional requirement. Issues regarding alleged non-payment of benefits or deferred dental injury claims can be raised before the ALJ via a new Petition and Declaration of Readiness.

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