CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed Oscar Vizcarra's petition for reconsideration as untimely. The petition was filed on March 28, 2013, which was more than twenty days after the WCJ's decision was personally served on February 28, 2013. Because the decision was personally served, no mailing extension applied. The WCAB correctly applied Labor Code section 5903, noting that filing a petition for reconsideration outside the jurisdictional time limit mandates dismissal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed Oscar Vizcarra's petition for reconsideration as untimely. The petition was filed on March 28, 2013, which was more than twenty days after the WCJ's decision was personally served on February 28, 2013. Because the decision was personally served, no mailing extension applied. The WCAB correctly applied Labor Code section 5903, noting that filing a petition for reconsideration outside the jurisdictional time limit mandates dismissal.
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