Home/Case Law/JAVIER MOYA vs. SLEEP TRAIN, THE HARTFORD
Regular DecisionRegular Panel Decision

JAVIER MOYA vs. SLEEP TRAIN, THE HARTFORD

Filed: Sep 09, 2015
Oakland
ADJ6759028 ADJ9793036

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Javier Moya's petition for reconsideration because it was untimely filed. California law allows twenty-five days for filing, with extensions for weekends or holidays, but the petition was filed over four months after the WCJ's decision. Timeliness is a jurisdictional requirement, meaning the WCAB lacks authority to consider petitions filed outside this timeframe. Had the petition been timely, it would have been denied on the merits as per the WCJ's report.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Javier Moya's petition for reconsideration because it was untimely filed. California law allows twenty-five days for filing, with extensions for weekends or holidays, but the petition was filed over four months after the WCJ's decision. Timeliness is a jurisdictional requirement, meaning the WCAB lacks authority to consider petitions filed outside this timeframe. Had the petition been timely, it would have been denied on the merits as per the WCJ's report.

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.