CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed Jose Martinez's Petition for Reconsideration because it was filed untimely. California law allows 25 days from service of a decision to file, with an extension if the deadline falls on a weekend or holiday, but this time limit is jurisdictional. The petition was filed on May 2, 2018, which was more than 25 days after the WCJ's March 26, 2018 decision. As the petition was not filed within the statutory period, the WCAB lacked authority to consider its merits.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed Jose Martinez's Petition for Reconsideration because it was filed untimely. California law allows 25 days from service of a decision to file, with an extension if the deadline falls on a weekend or holiday, but this time limit is jurisdictional. The petition was filed on May 2, 2018, which was more than 25 days after the WCJ's March 26, 2018 decision. As the petition was not filed within the statutory period, the WCAB lacked authority to consider its merits.
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