CompFox AI Summary
In Followay v. Accor North America, Inc., the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board adopted the administrative law judge's reasoning that the petition was filed 26 days after service by mail of the prior order. California law requires petitions for reconsideration to be filed (received by) the Board within 25 days, not merely mailed. Proof of mailing within the deadline is insufficient if the petition is not received within that jurisdictional timeframe.
Full Decision Text1 Pages
In Followay v. Accor North America, Inc., the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The Board adopted the administrative law judge's reasoning that the petition was filed 26 days after service by mail of the prior order. California law requires petitions for reconsideration to be filed (received by) the Board within 25 days, not merely mailed. Proof of mailing within the deadline is insufficient if the petition is not received within that jurisdictional timeframe.
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