Home/Case Law/MIKE ROMANO vs. AIRCRAFT COMPONENT REPAIR, ZENITH INSURANCE COMPANY
Regular DecisionReconsideration

MIKE ROMANO vs. AIRCRAFT COMPONENT REPAIR, ZENITH INSURANCE COMPANY

Filed: Aug 04, 2008
Van Nuys
VNO 423882(MF) VNO 423884 VNO 439882 MON 326915

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the petitioner's petition for reconsideration as untimely because it was filed more than twenty days after the applicant's attorney received the Order Approving Compromise and Release by fax. Although the petitioner's law firm claimed a policy against fax service, the Board found that actual receipt triggers the twenty-day filing deadline, regardless of service defects. The Board also clarified that even if fax service were considered, the deadline would still have passed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the petitioner's petition for reconsideration as untimely because it was filed more than twenty days after the applicant's attorney received the Order Approving Compromise and Release by fax. Although the petitioner's law firm claimed a policy against fax service, the Board found that actual receipt triggers the twenty-day filing deadline, regardless of service defects. The Board also clarified that even if fax service were considered, the deadline would still have passed.

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