Home/Case Law/KIM SMITH vs. COUNTY OF LOS ANGELES PUBLIC HEALTH, TRISTAR
Regular Decision

KIM SMITH vs. COUNTY OF LOS ANGELES PUBLIC HEALTH, TRISTAR

Filed: Jun 04, 2015
Marina Del Rey
ADJ1824122 (MON 0337881)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Kim Smith's petition for reconsideration as untimely. The petition was filed over 25 days after the WCJ's February 10, 2015 decision, exceeding the statutory filing deadline. Filing a petition requires actual receipt by the WCAB within the time allowed, not just mailing. Because the petition was untimely, the Board lacked jurisdiction to consider it.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Kim Smith's petition for reconsideration as untimely. The petition was filed over 25 days after the WCJ's February 10, 2015 decision, exceeding the statutory filing deadline. Filing a petition requires actual receipt by the WCAB within the time allowed, not just mailing. Because the petition was untimely, the Board lacked jurisdiction to consider it.

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