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Case No. ADJ9539099, ADJ9471386

Regular

Jun 13, 2018

JOSE MARTINEZ vs. TAYLOR GUITARS aka TAYLOR LUSTIG, INC., ZENITH INSURANCE, LIBERTY MUTUAL INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Jose Martinez's Petition for Reconsideration because it was filed untimely. California law allows 25 days from service of a decision to file, with an extension if the deadline falls on a weekend or holiday, but this time limit is jurisdictional. The petition was filed on May 2, 2018, which was more than 25 days after the WCJ's March 26, 2018 decision. As the petition was not filed within the statutory period, the WCAB lacked authority to consider its merits.

Petition for ReconsiderationUntimely FilingWCAB RulesLabor CodeJurisdictional LimitDismissalService by MailProof of FilingAdministrative Law JudgeWorkers' Compensation Appeals Board

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