CompFox AI Summary
This case involves a petition for reconsideration filed by the applicant, Gabriel Vela, which the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. Although the defendant claimed service of the Order Approving Compromise and Release on June 6, 2017, proof of service was defective, meaning the reconsideration period did not begin to run until actual receipt. The applicant stated he received the order on December 4, 2018, but his petition for reconsideration filed on January 9, 2019, was still beyond the statutory deadline. Furthermore, the applicant failed to allege any valid grounds for setting aside the compromise and release.
Full Decision Text1 Pages
This case involves a petition for reconsideration filed by the applicant, Gabriel Vela, which the Workers' Compensation Appeals Board (WCAB) dismissed as untimely. Although the defendant claimed service of the Order Approving Compromise and Release on June 6, 2017, proof of service was defective, meaning the reconsideration period did not begin to run until actual receipt. The applicant stated he received the order on December 4, 2018, but his petition for reconsideration filed on January 9, 2019, was still beyond the statutory deadline. Furthermore, the applicant failed to allege any valid grounds for setting aside the compromise and release.
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