Home/Case Law/HELEN HENNING vs. OAK TREE RACING, STATE COMPENSATION INSURANCE FUND
Regular DecisionRegular Panel Decision

HELEN HENNING vs. OAK TREE RACING, STATE COMPENSATION INSURANCE FUND

Filed: Aug 05, 2016
San Francisco
ADJ2398150

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Helen Henning's petition for reconsideration against Oak Tree Racing and State Compensation Insurance Fund. The dismissal was based on the petition being filed untimely, exceeding the jurisdictional 25-day filing window after the WCJ's April 7, 2016 decision. Proof of mailing the petition was insufficient to establish timeliness, as it must be received by the WCAB within the allowed period. Had the petition not been untimely, the WCAB would have denied it on its merits based on the WCJ's report.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Helen Henning's petition for reconsideration against Oak Tree Racing and State Compensation Insurance Fund. The dismissal was based on the petition being filed untimely, exceeding the jurisdictional 25-day filing window after the WCJ's April 7, 2016 decision. Proof of mailing the petition was insufficient to establish timeliness, as it must be received by the WCAB within the allowed period. Had the petition not been untimely, the WCAB would have denied it on its merits based on the WCJ's report.

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