CompFox AI Summary
In Avalos v. Frito Lay, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline for reconsideration after the WCJ's decision. Proof of mailing was insufficient; the petition had to be received by the WCAB within the statutory period. As the petition was filed significantly after the deadline, the WCAB lacked authority to consider it.
Full Decision Text1 Pages
In Avalos v. Frito Lay, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline for reconsideration after the WCJ's decision. Proof of mailing was insufficient; the petition had to be received by the WCAB within the statutory period. As the petition was filed significantly after the deadline, the WCAB lacked authority to consider it.
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