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

Case No. ADJ10391495
Regular
Jun 20, 2019

EDNA DE LEON, vs. DEPALMA TERRACE SENIOR LIVING; BERKSHIRE HATHAWAY HOMESTATE COMPANIES; THE HARTFORD,

The Workers' Compensation Appeals Board dismissed Edna De Leon's Petition for Reconsideration because it was filed untimely. The Board noted that California law allows only 25 days to file a petition after a decision is served by mail. De Leon's petition was filed on April 22, 2019, which was more than 25 days after the WCJ's March 25, 2019 decision. The Board emphasized that timely filing is jurisdictional and they lacked authority to consider petitions filed outside this timeframe.

Petition for Reconsiderationuntimelydismissaljurisdictionalservice by mailtime limitWCABWCJdeadline25 days
References
Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
References
Case No. ADJ11166250
Regular
Aug 18, 2025

Diane Clay vs. County of Los Angeles, Tristar

The Workers' Compensation Appeals Board considered a Petition for Reconsideration filed by Diane Clay against County of Los Angeles and Tristar. The Board reviewed the petition and the WCJ's report. The primary issue was the timeliness of the petition. According to Labor Code section 5909, the Appeals Board must act on a petition within 60 days of transmission, and a petition must be filed within 25 days of a final decision. The Board found that the petition, filed on June 11, 2025, was more than 25 days after the Findings of Fact and Order issued on May 14, 2025, making it untimely. As untimeliness is a jurisdictional issue, the Board lacked authority to consider it on merits. Therefore, the Petition for Reconsideration was dismissed.

Petition for ReconsiderationuntimelydismissalLabor Code section 5909Appeals Board60-day periodtransmissionEAMSservice of report25-day limit
References
Case No. ADJ7345072, ADJ7345106
Regular
Sep 17, 2012

MELINDA WILLIAMS vs. SCRIPPS HEALTH

The Workers' Compensation Appeals Board (WCAB) dismissed Melinda Williams' petition for reconsideration against Scripps Health. The WCAB found the petition was untimely filed, as it was submitted more than 25 days after the June 29, 2012, Findings and Orders. Even if timely, the WCAB would have denied the petition on its merits, adopting the reasoning of the administrative law judge. Therefore, the petition for reconsideration is dismissed.

Petition for ReconsiderationUntimelyDismissalFindings and OrdersWorkers' Compensation Appeals BoardWCJLabor Code section 5903Code of Civil Procedure section 101325 days20 days
References
Case No. ADJ7103630
Regular
May 21, 2012

DENISE SANCHES vs. COUNTY OF SACRAMENTO

This case involves Denise Sanches' workers' compensation claim against the County of Sacramento. The Workers' Compensation Appeals Board dismissed Sanches' Petition for Removal as untimely. The dismissal was based on the petition being filed on March 8, 2012, which was more than the allowed 25 days after the February 13, 2012, decision. This delay violated the time limits prescribed by 8 Cal. Code Regs. § 10843 and Code of Civil Procedure § 1013.

Petition for RemovalUntimelyDecision DateFiling Date25 Days20 Days8 Cal. Code Regs. 10843Code of Civil Procedure § 1013Served by MailDismissed
References
Case No. ADJ8286745 ADJ8327424
Regular
Jul 30, 2018

ARNULFO LOPEZ ESPARZA vs. A1 COAST SANITATION RENTALS, CIGA, by its servicing facility, INTERCARE for ULLICO, in liquidation

This Workers' Compensation Appeals Board case concerns a petition for reconsideration that was dismissed as untimely. The Board held that for a petition to be timely, it must be *received* by the Board within the statutory 25-day period, not merely mailed. Since the petition in this case was filed on June 5, 2018, after the June 4, 2018 deadline, it was dismissed for lack of jurisdiction. Had it been timely, the Board would have denied it on the merits based on the judge's report.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitProof of Mailing InsufficientWCABWCJLabor CodeCalifornia Code of RegulationsOrder Dismissing LienLien Claimant
References
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ2818792 (MON 0312453) ADJ832261 (MON 0341441) ADJ4192657 (MON 0327492) ADJ229486 (MON 0333529) ADJ309456 (MON 0334315) ADJ2984620 (MON 0312452)
Regular
Jun 14, 2015

KAY BRAND vs. LOS ANGELES UNIFIED SCHOOL DISTRICT, SEDGWICK CMS

The Workers' Compensation Appeals Board dismissed Kay Brand's petition for reconsideration because it was filed untimely. California law requires petitions for reconsideration to be filed within 25 days of service by mail, with specific rules for extensions on weekends and holidays. Crucially, the petition must be *received* by the Board within this timeframe, not merely mailed. As Brand's petition was filed on June 19, 2015, more than 25 days after the May 21, 2015 decision, it was dismissed as untimely.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationuntimelydismissedjurisdictionalWCJservice by mailCalifornia Code of RegulationsLabor Codeadministrative law judge
References
Case No. ADJ11388346
Regular
Apr 08, 2019

RAMONA LEON vs. DISNEYLAND RESORT

In *Leon v. Disneyland Resort*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The dismissal was based on the petition being untimely filed. The WCAB clarified that a petition must be *received* by the Board within the statutory 25-day period, not merely mailed. Since the petition was received on February 6, 2019, after the January 28, 2019 deadline, it was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely PetitionDismissalFiling DeadlineService by MailJurisdictional DeadlineFindings and OrderWorkers' Compensation Administrative Law JudgeCalifornia Labor Code
References
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