Home/Case Law/ERIK SPEARMAN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, administered by THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS
Regular DecisionReconsideration

ERIK SPEARMAN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, administered by THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS

Filed: Apr 21, 2017
Oakland
ADJ7570196

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund. The petition was dismissed because it was untimely, filed more than 25 days after the WCJ's decision. The WCAB emphasized that the filing deadline is jurisdictional and that a petition must be received by the Board within the allowed time. If the petition had been timely, it would have been denied on the merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund. The petition was dismissed because it was untimely, filed more than 25 days after the WCJ's decision. The WCAB emphasized that the filing deadline is jurisdictional and that a petition must be received by the Board within the allowed time. If the petition had been timely, it would have been denied on the merits.

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