CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely. California law allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. However, the petition must be received by the Board within this period, not merely mailed. In this case, the petition was filed on September 7, 2016, which was over 25 days after the August 12, 2016 decision. As the filing deadline is jurisdictional, the Board lacked the authority to consider the untimely petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely. California law allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. However, the petition must be received by the Board within this period, not merely mailed. In this case, the petition was filed on September 7, 2016, which was over 25 days after the August 12, 2016 decision. As the filing deadline is jurisdictional, the Board lacked the authority to consider the untimely petition.
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