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

Case No. ADJ8013755
Regular
Mar 29, 2017

JOONG YEOL LEE vs. BCD TOFU HOUSE; TOWER

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Reconsideration as untimely. The defendant had 25 days from service of the Findings and Award to file, with mail service extending the deadline. However, the petition was received by the Board one day *after* the filing deadline. Filing proof of mailing within the period is insufficient; the petition must be received by the Board. Consequently, the Board lacked jurisdiction to consider the petition due to its tardiness.

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardWCJFindings and AwardLab. CodeCal. Code Regs.JurisdictionalDate of Filing
References
Case No. ADJ8336634
Regular
May 01, 2017

MARITZA ESPINO vs. DEL TACO, ACE INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Maritza Espino's Petition for Reconsideration because it was filed untimely. California law allows 25 days to file such a petition after a decision is served by mail. The Board clarified that the petition must be *received* by the WCAB within this timeframe, not just mailed. Since the petition was filed over 25 days after the WCJ's decision, it was deemed jurisdictionally defective and thus dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingDismissalLabor CodeCalifornia Code of RegulationsJurisdictional Time LimitWCJ DecisionService by MailExtension of Time
References
Case No. ADJ9751139
Regular
Jul 20, 2018

ADAM ARISTA vs. NESTLE USA, ACE INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Adam Arista's petition for reconsideration against Nestle USA and its insurers. The WCAB found the petition untimely, as it was filed more than 25 days after the Administrative Law Judge's decision was served. California law dictates that a petition for reconsideration must be received by the WCAB within the statutory time limit, which is jurisdictional. Proof of mailing alone is insufficient to meet this deadline.

Petition for ReconsiderationUntimely filingJurisdictionalWCAB Rule 10507WCAB Rule 10508WCJ reportService by mailMailing dateReceipt date25-day limit
References
Case No. ADJ10055937
Regular
Jul 18, 2016

WILLIE HARRIS vs. KAISER STEEL RESOURCES, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Kaiser Steel Resources, Inc.'s Petition for Removal in the case of Willie Harris. The dismissal was based on the petition being untimely filed, exceeding the twenty-five-day deadline for removal petitions served by mail in California. The WCAB noted that proof of mailing is insufficient; the petition must be received by the WCAB within the allowed timeframe. Even if timely, the petition would have been denied on its merits as per the WCJ's report.

Petition for RemovalUntimely FilingWCAB Rule 10843(a)WCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Service by MailDeadline ExtensionNon-final Decision
References
Case No. ADJ8382565
Regular
Nov 17, 2015

MOHAMED SHABAAN vs. FAIRWAY FORD, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed Mohamed Shabaan's petition for reconsideration because it was filed untimely. California law requires petitions for reconsideration to be filed within 25 days of service by mail, with potential extensions for weekends or holidays. Critically, the petition must be *received* by the Board within this timeframe, and proof of mailing is insufficient. Because Shabaan's petition was filed over 25 days after the WCJ's decision, it was untimely and dismissed as a jurisdictional matter.

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardWCJLabor CodeCode of RegulationsJurisdictionalMaranianRymer
References
Case No. ADJ2219973 (LAO 0762909)
Regular
Sep 02, 2016

MARIA LOPEZ vs. DEPARTMENT OF SOCIAL SERVICES - IHSS, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board dismissed Maria Lopez's petition for reconsideration because it was untimely filed. California law generally allows 25 days for filing a petition for reconsideration after service by mail, with extensions for weekends or holidays. Crucially, a petition must be *received* by the WCAB within this deadline, not just mailed. The petition in this case was filed on September 2, 2016, over 25 days after the WCJ's August 5, 2016 decision. As the Appeals Board has no jurisdiction over untimely petitions, it was dismissed.

Workers' Compensation Appeals BoardPetition for ReconsiderationTimelinessDismissalJurisdictionalService by MailExtension of TimeWCJ DecisionLabor CodeCalifornia Code of Regulations
References
Case No. ADJ7154927
Regular
Oct 02, 2015

FELIPE AVALOS vs. FRITO LAY, INC.

In *Avalos v. Frito Lay*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline for reconsideration after the WCJ's decision. Proof of mailing was insufficient; the petition had to be received by the WCAB within the statutory period. As the petition was filed significantly after the deadline, the WCAB lacked authority to consider it.

Petition for ReconsiderationUntimely filingWCJ decisionService by mailCalifornia addressTime extensionWeekend or holidayProof of mailingJurisdictional time limitAppeals Board authority
References
Case No. ADJ3979815
Regular
Apr 14, 2016

RUBEN ALMENDAREZ vs. DREYER'S GRAND ICE CREAM HOLDINGS, INC.

The Workers' Compensation Appeals Board (WCAB) dismissed Ruben Almendarez's petition for reconsideration. The petition was dismissed because it was untimely filed, exceeding the 25-day statutory deadline for reconsideration following the WCJ's January 22, 2016 decision. The WCAB emphasized that a petition must be *received* by the Board within the timeframe, not just mailed. As the deadline is jurisdictional, the Board lacked authority to consider the petition's merits.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitProof of MailingWCJ DecisionMaranian v. Workers' Comp. Appeals Bd.Service by MailExtension of TimeDismissal Order
References
Case No. ADJ9128112
Regular
Dec 01, 2018

OSCAR GARCIA vs. NICK GONZALEZ FARM LABOR, STAR INSURANCE COMPANY

This Workers' Compensation Appeals Board case concerns a petition for reconsideration filed by the defendants. The Board dismissed the petition as untimely, as it was filed one day after the October 15, 2018 deadline. California law dictates that a petition for reconsideration must be *received* by the WCAB within the statutory period, not merely mailed. This filing deadline is jurisdictional, meaning the Board lacks authority to consider petitions filed outside this timeframe.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ ReportSupplemental Findings of FactDismissalService by MailMailing ExtensionProof of Filing
References
Case No. ADJ8847768
Regular
Aug 31, 2015

RAUL VAZQUEZ vs. THE MILLARD GROUP, INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Administered by YORK INSURANCE SERVICE GROUP, INC.

The Workers' Compensation Appeals Board dismissed Raul Vazquez's petition for reconsideration against The Millard Group and its insurer. The Board found the petition was untimely filed, exceeding the 25-day jurisdictional deadline after the Workers' Compensation Judge's decision was served. Proof of mailing alone is insufficient; the petition must be received by the Board within the statutory period. Therefore, the Board lacked the authority to consider the merits of the petition, which would have been denied anyway based on the WCJ's report.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB RulesWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of MailingDismissalLegal Precedent
References
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