Home/Case Law/MARTIN RODRIGUEZ vs. VALLEY CREST LANDSCAPING, GALLAGHER BASSETT
Regular DecisionRegular Panel Decision

MARTIN RODRIGUEZ vs. VALLEY CREST LANDSCAPING, GALLAGHER BASSETT

Filed: Dec 11, 2018
Oakland
ADJ6763029

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Martin Rodriguez's Petition for Removal as untimely. The petition was filed over 25 days after the WCJ's July 28, 2015 decision, exceeding the allowed filing period. Timeliness requires actual receipt by the WCAB, not just mailing. Had it been timely, the petition would have been denied on the merits, adopting the WCJ's reasoning.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Martin Rodriguez's Petition for Removal as untimely. The petition was filed over 25 days after the WCJ's July 28, 2015 decision, exceeding the allowed filing period. Timeliness requires actual receipt by the WCAB, not just mailing. Had it been timely, the petition would have been denied on the merits, adopting the WCJ's reasoning.

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