Case No. ADJ7343599 ADJ7322244RegularJan 22, 2020
LAURA MARTINEZ vs. ATKA ENTERPRISES, INC., MCDONALDS, INSURANCE COMPANY OF THE WEST
The Workers' Compensation Appeals Board dismissed Laura Martinez's petition for reconsideration because it was untimely. California law allows 25 days to file a petition after a decision is served by mail, with potential extensions for weekends or holidays. The petition was filed more than 25 days after the Workers' Compensation Judge's decision, rendering it jurisdictionally defective. Consequently, the Board lacked the authority to consider its merits.
Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitWCJ DecisionService by MailCalifornia Labor CodeCalifornia Code of RegulationsAdministrative Law JudgeDismissal Order
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