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Case No. ADJ8034818
Regular
Nov 07, 2014

WARD SMITH II vs. GORDON PAINTING COMPANY, INC., MAJESTIC INSURANCE COMPANY, TECHNOLOGY INSURANCE COMPANY

In *Smith II v. Gordon Painting Company, Inc.*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The WCAB found the petition to be untimely filed, exceeding the jurisdictional 20-day limit plus any potential 5-day mailing extension. The applicant's petition was received on September 16, 2014, over 25 days after the Workers' Compensation Judge's decision was served on August 21, 2014. Therefore, the WCAB lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingLabor Code Section 5903Appeals BoardWCJ DecisionJurisdictional Time LimitService DateMailing ExtensionCode Civ. Proc. § 1013WCAB Rule 10507
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