Home/Case Law/RUBEN ALMENDAREZ vs. DREYER'S GRAND ICE CREAM HOLDINGS, INC.
Regular Decision

RUBEN ALMENDAREZ vs. DREYER'S GRAND ICE CREAM HOLDINGS, INC.

Filed: Apr 14, 2016
San Francisco
ADJ3979815

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Ruben Almendarez's petition for reconsideration. The petition was dismissed because it was untimely filed, exceeding the 25-day statutory deadline for reconsideration following the WCJ's January 22, 2016 decision. The WCAB emphasized that a petition must be received by the Board within the timeframe, not just mailed. As the deadline is jurisdictional, the Board lacked authority to consider the petition's merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Ruben Almendarez's petition for reconsideration. The petition was dismissed because it was untimely filed, exceeding the 25-day statutory deadline for reconsideration following the WCJ's January 22, 2016 decision. The WCAB emphasized that a petition must be received by the Board within the timeframe, not just mailed. As the deadline is jurisdictional, the Board lacked authority to consider the petition's merits.

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