Updated Daily

Case Law Database

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

Case No. ADJ7301665

Regular

Jan 30, 2012

COMELICA HERNANDEZ vs. OPTIMUS EMPLOYER SERVICES, TRISTAR RISK MANAGEMENT

The applicant sought reconsideration of an order dismissing her workers' compensation case without prejudice. She argued the dismissal was erroneous because she had objected and was now ready to proceed, asserting a due process right to a hearing. However, the Appeals Board dismissed her petition, finding it was filed untimely. The deadline to file a petition for reconsideration from a mailed order is 25 days, and the applicant's filing exceeded this jurisdictional limit.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing Caseuntimely petitionjurisdictional time limitdue processhearing on the meritsdismissal without prejudicePetition to DismissLab. Code

References

Showing 1-1 of 1 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.