Home/Case Law/WAHEED KESMATYAR vs. SAVEMART SUPERMARKETS/FOODMAXX
Regular DecisionRegular Panel Decision

WAHEED KESMATYAR vs. SAVEMART SUPERMARKETS/FOODMAXX

Filed: Nov 02, 2016
Oakland
ADJ7313891

CompFox AI Summary

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that dismissed his case and denied him benefits. He argued he was denied due process due to his incarceration and lack of notice, and that proper procedure was not followed. The WCAB denied reconsideration, adopting the Workers' Compensation Judge's reasoning that the applicant's petition to set aside the dismissal was untimely and his claim was barred by the statute of limitations. The Appeals Board also noted that while incarceration was raised, other procedural and substantive arguments were not sufficiently demonstrated to warrant overturning the original decision.

Full Decision Text1 Pages

The applicant sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision that dismissed his case and denied him benefits. He argued he was denied due process due to his incarceration and lack of notice, and that proper procedure was not followed. The WCAB denied reconsideration, adopting the Workers' Compensation Judge's reasoning that the applicant's petition to set aside the dismissal was untimely and his claim was barred by the statute of limitations. The Appeals Board also noted that while incarceration was raised, other procedural and substantive arguments were not sufficiently demonstrated to warrant overturning the original decision.

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WAHEED KESMATYAR vs. SAVEMART SUPERMARKETS/FOODMAXX (2016) – Oakland | CompFox