Home/Case Law/LAURA MARTINEZ vs. ATKA ENTERPRISES, INC., MCDONALDS, INSURANCE COMPANY OF THE WEST
Regular Decision

LAURA MARTINEZ vs. ATKA ENTERPRISES, INC., MCDONALDS, INSURANCE COMPANY OF THE WEST

Filed: Jan 22, 2020
Los Angeles
ADJ7343599 ADJ7322244

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Laura Martinez's petition for reconsideration because it was untimely. California law allows 25 days to file a petition after a decision is served by mail, with potential extensions for weekends or holidays. The petition was filed more than 25 days after the Workers' Compensation Judge's decision, rendering it jurisdictionally defective. Consequently, the Board lacked the authority to consider its merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Laura Martinez's petition for reconsideration because it was untimely. California law allows 25 days to file a petition after a decision is served by mail, with potential extensions for weekends or holidays. The petition was filed more than 25 days after the Workers' Compensation Judge's decision, rendering it jurisdictionally defective. Consequently, the Board lacked the authority to consider its merits.

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