Home/Case Law/MARITZA ESPINO vs. DEL TACO, ACE INSURANCE
Regular DecisionReconsideration

MARITZA ESPINO vs. DEL TACO, ACE INSURANCE

Filed: May 01, 2017
Van Nuys
ADJ8336634

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Maritza Espino's Petition for Reconsideration because it was filed untimely. California law allows 25 days to file such a petition after a decision is served by mail. The Board clarified that the petition must be received by the WCAB within this timeframe, not just mailed. Since the petition was filed over 25 days after the WCJ's decision, it was deemed jurisdictionally defective and thus dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Maritza Espino's Petition for Reconsideration because it was filed untimely. California law allows 25 days to file such a petition after a decision is served by mail. The Board clarified that the petition must be received by the WCAB within this timeframe, not just mailed. Since the petition was filed over 25 days after the WCJ's decision, it was deemed jurisdictionally defective and thus dismissed.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.