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Case No. ADJ7584931

Regular

Jul 07, 2016

MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Marciano Cornejo's Petition for Reconsideration because it was filed on May 9, 2016, which was untimely. The WCJ's decision was served by mail on July 30, 2014, and the statutory 25-day filing period had expired. Timeliness is a jurisdictional requirement, meaning the WCAB lacked the authority to consider the petition. Even if timely, the petition would have been denied on the merits based on the WCJ's report.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Workers' Compensation Administrative Law JudgeMarcirano CornejoAll American Asphalt

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