Home/Case Law/KATHY SCARLETT vs. EMBER CARE/PLEASANT CARE CORPORATION, AMERICAN HOME INSURANCE, CHARTIS CLAIMS, INC.
Regular DecisionReconsideration

KATHY SCARLETT vs. EMBER CARE/PLEASANT CARE CORPORATION, AMERICAN HOME INSURANCE, CHARTIS CLAIMS, INC.

Filed: Apr 02, 2012
Riverside
ADJ4544057 (RIV 0067196)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Kathy Scarlett's petition for reconsideration of a prior award. Scarlett's petition was untimely, filed over a month after the statutory deadline following the issuance of the Findings and Award. Despite the severe industrial injury and sympathetic circumstances, the WCAB lacked jurisdiction to consider the merits due to the mandatory nature of the filing deadline. The WCAB stressed that they have no authority to extend the filing period, even for compelling cases.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Kathy Scarlett's petition for reconsideration of a prior award. Scarlett's petition was untimely, filed over a month after the statutory deadline following the issuance of the Findings and Award. Despite the severe industrial injury and sympathetic circumstances, the WCAB lacked jurisdiction to consider the merits due to the mandatory nature of the filing deadline. The WCAB stressed that they have no authority to extend the filing period, even for compelling cases.

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