CompFox AI Summary
In Smith II v. Gordon Painting Company, Inc., the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCAB found the petition to be untimely filed, exceeding the jurisdictional 20-day limit plus any potential 5-day mailing extension. The applicant's petition was received on September 16, 2014, over 25 days after the Workers' Compensation Judge's decision was served on August 21, 2014. Therefore, the WCAB lacked the authority to consider the merits of the petition.
Full Decision Text1 Pages
In Smith II v. Gordon Painting Company, Inc., the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCAB found the petition to be untimely filed, exceeding the jurisdictional 20-day limit plus any potential 5-day mailing extension. The applicant's petition was received on September 16, 2014, over 25 days after the Workers' Compensation Judge's decision was served on August 21, 2014. Therefore, the WCAB lacked the authority to consider the merits of the petition.
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