CompFox AI Summary
This case concerns a petition for reconsideration filed by a lien claimant that was dismissed as untimely. The Workers' Compensation Appeals Board adopted the administrative law judge's report, which found the petition was filed outside the statutory 20-day period plus 5 days for mailing. Crucially, the Board held that a petition is deemed filed upon receipt, not mailing date, and untimely petitions are jurisdictional. Therefore, the Board lacked the power to grant the petition, resulting in its dismissal.
Full Decision Text1 Pages
This case concerns a petition for reconsideration filed by a lien claimant that was dismissed as untimely. The Workers' Compensation Appeals Board adopted the administrative law judge's report, which found the petition was filed outside the statutory 20-day period plus 5 days for mailing. Crucially, the Board held that a petition is deemed filed upon receipt, not mailing date, and untimely petitions are jurisdictional. Therefore, the Board lacked the power to grant the petition, resulting in its dismissal.
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