Home/Case Law/MARIA LOPEZ vs. DEPARTMENT OF SOCIAL SERVICES - IHSS, YORK RISK SERVICES GROUP
Regular DecisionReconsideration

MARIA LOPEZ vs. DEPARTMENT OF SOCIAL SERVICES - IHSS, YORK RISK SERVICES GROUP

Filed: Sep 02, 2016
San Francisco
ADJ2219973 (LAO 0762909)

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed Maria Lopez's petition for reconsideration because it was untimely filed. California law generally allows 25 days for filing a petition for reconsideration after service by mail, with extensions for weekends or holidays. Crucially, a petition must be received by the WCAB within this deadline, not just mailed. The petition in this case was filed on September 2, 2016, over 25 days after the WCJ's August 5, 2016 decision. As the Appeals Board has no jurisdiction over untimely petitions, it was dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed Maria Lopez's petition for reconsideration because it was untimely filed. California law generally allows 25 days for filing a petition for reconsideration after service by mail, with extensions for weekends or holidays. Crucially, a petition must be received by the WCAB within this deadline, not just mailed. The petition in this case was filed on September 2, 2016, over 25 days after the WCJ's August 5, 2016 decision. As the Appeals Board has no jurisdiction over untimely petitions, it was dismissed.

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MARIA LOPEZ vs. DEPARTMENT OF SOCIAL SERVICES - IHSS, YORK RISK SERVICES GROUP (2016) – San Francisco | CompFox