CompFox AI Summary
The Workers' Compensation Appeals Board dismissed Everardo Salazar's petition for reconsideration because it was untimely filed. California law requires such petitions to be filed within 25 days of the WCJ's decision, with extensions for weekends/holidays, and receipt by the Board, not just mailing, is determinative. As the petition was filed over 25 days after the decision date, it was jurisdictional and the Board lacked authority to consider it. Had it been timely, the petition would have been denied on its merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed Everardo Salazar's petition for reconsideration because it was untimely filed. California law requires such petitions to be filed within 25 days of the WCJ's decision, with extensions for weekends/holidays, and receipt by the Board, not just mailing, is determinative. As the petition was filed over 25 days after the decision date, it was jurisdictional and the Board lacked authority to consider it. Had it been timely, the petition would have been denied on its merits.
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