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Case No. ADJ2440985 (EUR 037746)

Regular

Jun 11, 2014

FRANK McCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

In McCovey v. Wayne Bare Trucking, the Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration as untimely. The petition was filed on April 17, 2014, over 25 days after the Board's decision was served on March 3, 2014. California law allows 20 days for reconsideration, plus an additional 5 days for mailing, and filing is determined by receipt date, not mailing date. As the petition was received beyond the jurisdictional deadline, the Board lacked the power to grant it.

Petition for ReconsiderationUntimelyDismissalLabor Code Section 5903WCAB Rule 10507JurisdictionalAppeals BoardWayne Bare TruckingState Compensation Insurance FundMaranian v. Workers' Comp. Appeals Bd.

References

Case No. ADJ2440985 (EUR 0037746)

Regular

Mar 03, 2014

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration to amend the applicant's temporary disability rate. The applicant, a truck driver, sustained bilateral knee injuries in August 2003. The Board corrected the applicant's average weekly earnings during the logging season to $947.08, resulting in a temporary disability rate of $631.39 per week. Additionally, the off-season temporary disability rate was adjusted to the statutory minimum of $126.00 per week based on the applicant's limited off-season earnings. The established dates for the logging season, March 15 to December 15, were affirmed.

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings

References

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FRANK McCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

FRANK MCCOVEY vs. WAYNE BARE TRUCKING, STATE COMPENSATION INSURANCE FUND

Wayne Bare TruckingState Compensation Insurance FundFrank McCoveyADJ2440985EUR 0037746Petition for ReconsiderationFindings and Awardbilateral kneestemporary disabilityaverage weekly earnings