Home/Case Law/JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC.; ACE AMERICAN INSURANCE CO., by ESIS
Regular DecisionReconsideration

JAVIER GUTIERREZ vs. COOPER INDUSTRIES, INC.; ACE AMERICAN INSURANCE CO., by ESIS

Filed: Dec 24, 2010
San Francisco
ADJ1997686

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Javier Gutierrez's petition for reconsideration as untimely. The Board held that petitions for reconsideration are deemed filed upon receipt by the Board, not by mailing date. Gutierrez's petition, mailed on November 24, 2010, was not received until December 3, 2010, which was after the jurisdictional deadline. Therefore, the Board lacked authority to consider the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Javier Gutierrez's petition for reconsideration as untimely. The Board held that petitions for reconsideration are deemed filed upon receipt by the Board, not by mailing date. Gutierrez's petition, mailed on November 24, 2010, was not received until December 3, 2010, which was after the jurisdictional deadline. Therefore, the Board lacked authority to consider the petition.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.