Home/Case Law/Mercedes Silva vs. TRI-STATE EMPLOYMENT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in liquidation
Regular DecisionReconsideration

Mercedes Silva vs. TRI-STATE EMPLOYMENT SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for LUMBERMEN'S UNDERWRITING ALLIANCE in liquidation

Filed: Apr 12, 2018
Anaheim
ADJ7875439

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration because it was untimely filed. California law generally allows 25 days for such petitions, with extensions for weekends or holidays, and crucially, requires the petition to be received by the WCAB within that period. In this case, the petition was filed three days after the deadline of February 12, 2018, rendering it jurisdictionally invalid. The WCAB therefore lacked the authority to consider the merits of the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Reconsideration because it was untimely filed. California law generally allows 25 days for such petitions, with extensions for weekends or holidays, and crucially, requires the petition to be received by the WCAB within that period. In this case, the petition was filed three days after the deadline of February 12, 2018, rendering it jurisdictionally invalid. The WCAB therefore lacked the authority to consider the merits of the petition.

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