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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. SFO 406432
Regular
Apr 09, 2008

VANCOIS D'AMOUN vs. PACIUFIC GAS & ELECTRIC COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was filed untimely. The petition failed to meet the 20-day statutory deadline under Labor Code § 5903, plus the additional 5 days for mailing under Code of Civil Procedure §1013, and was not filed in the correct office. Consequently, the WCAB adopted the administrative law judge's report and ordered the petition dismissed.

Petition for ReconsiderationWCAB Rule 10840Lab. Code §5903Code of Civil Procedure §1013untimelydismissReport and Recommendationadministrative law judgeworkers' compensationapplicant
References
Case No. ADJ3357951
Regular
Jul 02, 2013

BENNY ANDRADE vs. KELLY SERVICES, ESIS

The Workers' Compensation Appeals Board dismissed Benny Andrade's petition for reconsideration as untimely. The petition was filed on May 15, 2013, which was over 25 days after the WCJ's decision was served on May 23, 2008. Labor Code section 5903 sets a strict 20-day deadline for reconsideration petitions, extendable by five days for mailing. As the deadline is jurisdictional, the Board lacked the power to grant the untimely petition.

Petition for ReconsiderationTimelinessLabor Code 5903JurisdictionalWCJ DecisionAppeals BoardDismissedService of OrderFiling DateMail Extension
References
Case No. ADJ3881447 (SBR 0148064)
Regular
Jan 12, 2012

TERRIE L. HAYES vs. MARRIOTT INTERNATIONAL

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration of a prior October 21, 2011, Finding and Order. The Board also dismissed the petition as untimely because it challenged a January 16, 1998, Findings and Award, which was filed over thirteen years past the statutory deadline. Labor Code section 5903's twenty-day reconsideration period is jurisdictional, and untimely petitions cannot be granted. The applicant's request to reopen the 1998 decision was thus procedurally barred.

WCABReconsiderationFindings and OrderFindings and AwardTemporary Total DisabilityUntimely PetitionLabor Code 5903Jurisdictional Time LimitDismissalMarriott International
References
Case No. ADJ3811253 (SJO 0222549)
Regular
Oct 11, 2010

MINH LUU vs. STUDENT WORKS PAINTING, INSURANCE COMPANY OF THE WEST

This case concerns a petition for reconsideration that the Workers' Compensation Appeals Board (WCAB) has dismissed. The dismissal is based on the petition being untimely filed. California Labor Code section 5903 and related rules establish strict deadlines for filing such petitions, which are jurisdictional. As the petition was filed significantly after the statutory time limit for reconsideration had expired, the WCAB lacked the authority to consider it.

Petition for ReconsiderationUntimelyDismissedLabor Code Section 5903JurisdictionalWCJ's DecisionService DateMailing ExtensionWCAB Rule 10507Valle v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8033206
Regular
Sep 16, 2013

HUMBERTO ROMO vs. HUNTER LANDSCAPE, INC., CYPRESS INSURANCE COMPANY, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) dismissed Humberto Romo's Petition for Reconsideration. The dismissal was based on two procedural defects: the petition was not verified as required by Labor Code section 5902, and it failed to state statutory grounds under Labor Code section 5903. Even if the petition had been properly verified, the WCAB would have denied it on the merits, adopting the WCJ's reasoning.

Petition for ReconsiderationDismissedVerifiedLabor Code section 5902Statutory GroundsLabor Code section 5903WCJ ReportAdopt and IncorporateDeny on the MeritsWorkers' Compensation Appeals Board
References
Case No. ADJ2725399 (VNO 0431180) ADJ832058 (VNO 0431183)
Regular
Oct 07, 2011

JUDITH VOLKERTS vs. JON B. ARTZ, CIGA by its servicing facility, BROADSPIRE CLAIMS SERVICES for CALIFORNIA COMP. INSURANCE, in liquidation, SEABRIGHT INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as untimely. The Findings and Award were personally served on the applicant on June 28, 2011. Labor Code section 5903 dictates a 20-day filing window for reconsideration petitions after service, a jurisdictional deadline. Since the petition was filed on August 17, 2011, it exceeded this statutory timeframe.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitFindings and AwardPersonal ServiceWCJ DecisionDismissal OrderCIGA
References
Case No. VNO 0454707
Regular
Aug 23, 2007

JOSE FRANCO vs. FURNITURE RESOURCES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Jose Franco's petition for reconsideration because it was untimely filed. Labor Code section 5903 establishes a strict 20-day filing deadline, extendable by 5 days for mailing, for petitions for reconsideration. This case was dismissed because the petition was filed over 25 days after the Workers' Compensation Judge's decision was served, rendering the filing jurisdictionally defective.

WCABPetition for ReconsiderationTimelinessLabor Code Section 5903jurisdictionaldismissal20-day limit5-day mailing extensiondeemed filedactual receipt
References
Case No. ADJ2344107
Regular
Jun 23, 2014

RODRIGO ROJAS vs. ATTAI NDA MESSOU

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely filed. The petitioner had actual notice of the Order Approving Compromise and Release by January 22, 2014, and the petition was not filed until April 28, 2014. Labor Code section 5903 mandates a 20-day filing window for such petitions, and exceeding this limit is a jurisdictional defect. Therefore, the Board lacked the authority to grant the petition.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Actual NoticeOrder Approving Compromise and ReleaseJurisdictional Time LimitAppeals BoardWCJ Report and RecommendationSupplemental LetterDismissed Petition
References
Case No. ADJ7854389
Regular
Nov 26, 2012

TROY SANDERS vs. LOWE'S HIW, INC., SEDGWICK CMS

This Workers' Compensation Appeals Board decision dismisses the applicant's Petition for Reconsideration as untimely. The petition was filed more than 25 days after the August 1, 2012 Order Approving Compromise and Release. Specifically, it failed to meet the 20-day deadline under Labor Code section 5903, plus 5 days for mailing. Even if timely, the Board would have denied the petition on its merits, adopting the WCJ's reasoning.

Workers' Compensation Appeals BoardPetition for ReconsiderationReport and Recommendationtimely-fileduntimelydismissOrder Approving Compromise and ReleaseLabor Code section 5903Code of Civil Procedure section 1013administrative law judge
References
Case No. ADJ4158118
Regular
Nov 06, 2012

JUAN GONZALEZ vs. VALLEY HEAT TREATING, INC., LIBERTY MUTUAL INSURANCE CO.

This case concerns a petition for reconsideration filed by Juan Gonzalez. The Workers' Compensation Appeals Board dismissed the petition because it was untimely. Labor Code section 5903 provides a 20-day filing window, which is not extended by mail when personal service occurs. Since the petition was filed after this jurisdictional deadline, the Board lacked the power to grant it. Additionally, the Board indicated the petition would have been denied on its merits had it been timely filed.

WCABPetition for ReconsiderationUntimely FilingLabor Code Section 5903Personal ServicejurisdictionalDismissalWCJ's ReportReport and RecommendationWrit Denied
References
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