Home/Case Law/VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY
Regular DecisionReconsideration

VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY

Filed: Aug 30, 2013
San Francisco
ADJ2023756 (SAC 0323234) ADJ2900558 (SAC 0358707)

CompFox AI Summary

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition for reconsideration. The petition was untimely because it was filed electronically after 5:00 p.m. on the deadline. The Board held that electronic filings received after 5:00 p.m. are deemed filed on the next business day, rendering the petition outside the jurisdictional timeframe. Therefore, the Board lacked jurisdiction to consider the petition on its merits.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board vacated its prior order granting reconsideration and dismissed the employer's petition for reconsideration. The petition was untimely because it was filed electronically after 5:00 p.m. on the deadline. The Board held that electronic filings received after 5:00 p.m. are deemed filed on the next business day, rendering the petition outside the jurisdictional timeframe. Therefore, the Board lacked jurisdiction to consider the petition on its merits.

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VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY (2013) – San Francisco | CompFox