Home/Case Law/GUADALUPE ROMERO vs. BRINDERSON LP, ESIS
Regular DecisionReconsideration

GUADALUPE ROMERO vs. BRINDERSON LP, ESIS

Filed: Mar 25, 2019
Van Nuys
ADJ10474601

CompFox AI Summary

This case concerns a petition for reconsideration filed by Guadalupe Romero that the Workers' Compensation Appeals Board (WCAB) dismissed. The petition was untimely because it was filed more than 25 days after the service of the Administrative Law Judge's decision. The WCAB's rules clearly state that a petition must be received by the board within the statutory period, and proof of mailing is insufficient. As the deadline is jurisdictional, the Board lacked authority to consider the petition on its merits.

Full Decision Text1 Pages

This case concerns a petition for reconsideration filed by Guadalupe Romero that the Workers' Compensation Appeals Board (WCAB) dismissed. The petition was untimely because it was filed more than 25 days after the service of the Administrative Law Judge's decision. The WCAB's rules clearly state that a petition must be received by the board within the statutory period, and proof of mailing is insufficient. As the deadline is jurisdictional, the Board lacked authority to consider the petition on its merits.

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