Home/Case Law/ JUAN LUNA vs. NISSAN OF MISSION HILLS, AMTRUST NORTH AMERICA
Regular DecisionReconsideration

JUAN LUNA vs. NISSAN OF MISSION HILLS, AMTRUST NORTH AMERICA

Filed: Aug 28, 2019
Los Angeles
ADJ10337382

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Luna's petition for reconsideration as untimely. The WCAB treated Luna's handwritten filing as a petition for reconsideration of a May 28, 2019 decision. Under California law, a petition for reconsideration must be filed within 25 days of service by mail, with extensions for weekends and holidays. Luna's petition, filed on July 3, 2019, exceeded the June 24, 2019 deadline, making it jurisdictionally deficient.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Luna's petition for reconsideration as untimely. The WCAB treated Luna's handwritten filing as a petition for reconsideration of a May 28, 2019 decision. Under California law, a petition for reconsideration must be filed within 25 days of service by mail, with extensions for weekends and holidays. Luna's petition, filed on July 3, 2019, exceeded the June 24, 2019 deadline, making it jurisdictionally deficient.

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