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.
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