Home/Case Law/PASQUAL GARIBAY vs. CALIFORNIA TOWING, AMERICAN CLAIMS
Regular DecisionReconsideration

PASQUAL GARIBAY vs. CALIFORNIA TOWING, AMERICAN CLAIMS

Filed: Nov 24, 2014
San Bernardino
ADJ8180167

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Pasqual Garibay's petition for reconsideration because it was untimely filed. The WCJ's decision was served on September 8, 2014, and the petition was filed on October 2, 2014, exceeding the 20-day filing deadline for personally served decisions. Since the petition was filed more than 20 days after service and without a mailing extension, the WCAB lacked jurisdiction to consider it. Therefore, the petition for reconsideration was dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Pasqual Garibay's petition for reconsideration because it was untimely filed. The WCJ's decision was served on September 8, 2014, and the petition was filed on October 2, 2014, exceeding the 20-day filing deadline for personally served decisions. Since the petition was filed more than 20 days after service and without a mailing extension, the WCAB lacked jurisdiction to consider it. Therefore, the petition for reconsideration was dismissed.

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