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

Case No. ADJ8191769, ADJ8195704
Regular
Sep 28, 2015

GILBERT FLORES vs. GREIF, INC., TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

This case involves a petition for removal or reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was that the petition was untimely filed, exceeding the 20-day deadline following personal service of the WCJ's decision. The WCAB clarified that timely filing requires receipt by the Board within the deadline, not just mailing. Since the petition was filed more than 20 days after personal service, it was jurisdictional invalid and therefore dismissed.

Petition for RemovalPetition for ReconsiderationUntimely FilingPersonal ServiceWCJ Decision20-Day LimitJurisdictional Time LimitAppeals Board AuthorityReport and RecommendationFinal Order
References
4
Case No. ADJ3186295
Regular
Dec 06, 2015

EMILIO LOPEZ vs. TEMPO INDUSTRIES, COMPWEST

This case involves a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The petition was deemed untimely because it was filed more than 20 days after the Administrative Law Judge's decision was personally served. California Labor Code section 5903 sets a strict 20-day deadline for filing a petition for reconsideration, with no mailing extension applicable for personal service. The WCAB emphasized that this jurisdictional deadline cannot be extended, and therefore, the untimely petition was dismissed.

ReconsiderationUntimely petitionLabor Code section 5903Jurisdictional time limitPersonal serviceMailing extensionWCJ decisionAppeals BoardDismissalCalifornia Workers Compensation
References
7
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
0
Case No. ADJ1218145
Regular
Oct 14, 2010

LOWELL FORD, SR. vs. WILLIAM WEST, EMPLOYERS INSURANCE GROUP

This case concerns a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the Administrative Law Judge's decision. California Labor Code section 5903 sets a strict 20-day filing deadline, extendable by five days for mailing, and this deadline is jurisdictional. Because the petition did not meet the filing requirements, the WCAB lacked the power to grant it.

Petition for ReconsiderationUntimely FilingDismissalLabor Code section 5903Jurisdictional Time LimitWCJ's DecisionService of AwardMailing ExtensionCode of Civil Procedure 1013WCAB Rule 10507
References
6
Case No. ADJ2696684
Regular
Oct 17, 2008

ARNULFO MARTINEZ vs. ARGUS CONTRACTING TRAVELERS INSURANCE COMPANY

This case involves a defendant seeking reconsideration of a Workers' Compensation Appeals Board (WCAB) award for an applicant's industrial injury. The WCAB dismissed the defendant's petition because it was not filed within the statutory 20-day period, plus an additional five days for mailing, as the petition was received by the Board one day after the deadline. Mailing the petition within the deadline was insufficient; it had to be received by the WCAB by the due date to be considered timely filed.

Petition for ReconsiderationFindings and Awardindustrial cumulative injuryright wristmassage therapistpermanent disabilityfurther medical treatmenttemporary disability overpaymentLabor Code section 4061 noticepermanent and stationary
References
2
Case No. ADJ8838881
Regular
Jul 11, 2014

ALEXANDER ENGLISH vs. DALLAS MAVERICKS, ZENITH INSURANCE COMPANY

This case involves a petition for removal filed by the defendants, Dallas Mavericks and Zenith Insurance Company. The Workers' Compensation Appeals Board dismissed the petition because it was filed on June 18, 2014, which was untimely. The original decision was issued on April 8, 2014, and the petitioner failed to file within the required 20-day period for personal service. The Board clarified that the 20-day deadline, not 25 days, applied, making the petition due by April 28, 2014.

Petition for RemovalUntimely FilingPersonal Service20-day DeadlineWCJ ReportStrom v. Workers' Comp. Appeals Bd.ADJ8838881Oakland District OfficeWorkers' Compensation Appeals BoardDALLAS MAVERICKS
References
1
Case No. 2023 NY Slip Op 00704 [213 AD3d 1050]
Regular Panel Decision
Feb 09, 2023

Matter of Paka (Same Day Delivery Inc.--Commissioner of Labor)

The case involves Jacques Paka, a delivery driver, who applied for unemployment insurance benefits after working for Same Day Delivery Inc. The Department of Labor initially determined Paka was an employee, making Same Day liable for contributions. The Unemployment Insurance Appeal Board initially overruled this, finding Paka to be an independent contractor. However, upon reconsideration requested by the Commissioner of Labor, the Board rescinded its prior decision and sustained the Department's original determination, finding an employment relationship. The Appellate Division, Third Department, affirmed the Board's decision, rejecting Same Day's arguments against the reopening of the case and finding substantial evidence to support the Board's conclusion that Same Day exercised sufficient control over Paka to establish an employment relationship. The Court also affirmed that these findings apply to similarly situated individuals.

Unemployment InsuranceIndependent ContractorEmployment RelationshipControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawUnemployment BenefitsDelivery DriverSubstantial Evidence
References
11
Case No. ADJ9997985, ADJ9997986, ADJ10037755
Regular
Apr 10, 2017

DAVID LIVINGSTON vs. SOUTHEAST PERSONNEL LEASING, INC.;, PACKARD CLAIMS ADMINISTRATION;, STATE NATIONAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for removal filed by the defendant. The WCAB found the petition was untimely because it was filed one day after the 20-day deadline for removal following personal service. This deadline is jurisdictional, and the WCAB cannot consider petitions filed outside this timeframe. Therefore, the petition was dismissed with no request for supplemental pleading granted.

Petition for RemovalUntimely FilingPersonal ServiceWCJ DecisionAppeals Board RuleJurisdictional Time LimitSupplemental PleadingWCAB Rule 10848WCAB Rule 10843WCAB Rule 10507
References
1
Case No. ADJ7788009 ADJ7846220
Regular
Apr 06, 2015

MANUEL GAMEZ vs. THE ORIGINAL PANTRY, CYPRESS INSURANCE COMPANY

This case involves Manuel Gamez seeking workers' compensation benefits. The Appeals Board dismissed a Petition for Reconsideration filed by a lien claimant. The dismissal was based on the petition being filed one day after the 20-day statutory deadline, calculated from the lien claimant's acknowledged receipt of the order on January 13, 2015. Despite potential issues with initial service of the order, the claimant's own admission of receipt established the filing deadline.

Petition for ReconsiderationTimelinessLabor CodeCalifornia Code of RegulationsJurisdictionalDefective ServiceActual ReceiptAppeals BoardWCJDismissal
References
7
Case No. ADJ8180167
Regular
Nov 24, 2014

PASQUAL GARIBAY vs. CALIFORNIA TOWING, AMERICAN CLAIMS

The Workers' Compensation Appeals Board (WCAB) dismissed Pasqual Garibay's petition for reconsideration because it was untimely filed. The WCJ's decision was served on September 8, 2014, and the petition was filed on October 2, 2014, exceeding the 20-day filing deadline for personally served decisions. Since the petition was filed more than 20 days after service and without a mailing extension, the WCAB lacked jurisdiction to consider it. Therefore, the petition for reconsideration was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitPersonal ServiceWCJ's DecisionDismissalSan Bernardino District OfficePasqual Garibay
References
7
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