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

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. ADJ481937 (RIV 0081478)
Regular
Mar 08, 2018

JERRY OLVERA vs. CEMENT UNLIMITED, IMPERIUM INSURANCE COMPANY, ATHENS ADMINISTRATORS

In Olvera v. Cement Unlimited, the Workers' Compensation Appeals Board dismissed a petition for reconsideration because it was untimely filed. The petition was electronically filed one day after the jurisdictional deadline of January 23, 2018, as the Order Dismissing Lien was served by mail on December 29, 2017. The Board reiterated that the filing deadline is jurisdictional and requires actual receipt of the petition, not just proof of mailing. Therefore, the Appeals Board lacked the authority to consider the merits of the petition.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailProof of FilingElectronic FilingOrder Dismissing LienMaranian v. Workers' Comp. Appeals Bd.
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. ADJ1600976 (OAK 0345394) ADJ1359107 (OAK 0345395)
Regular
May 03, 2016

ELAINE JACKSON vs. COMCAST CORPORATION

This case involves a petition for removal filed by Comcast Corporation. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB found that the petition was filed more than 25 days after the WCJ's decision was served, exceeding the statutory deadline for filing such a petition. Even if it had been timely, the WCAB would have denied it on the merits based on the WCJ's report.

Petition for RemovalTimelinessWCAB Rule 10843(a)WCJ DecisionService by MailPetition FilingWCAB Rule 10507(a)(1)WCAB Rule 10508Mailing vs. FilingWCAB Rule 10845(a)
References
Case No. ADJ8916701
Regular
Mar 25, 2019

JUAN MARTINEZ vs. CASA DEL REY, LIBERTY MUTUAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed a petition for reconsideration as untimely. California law allows 25 days to file such a petition after a final decision is served by mail. Crucially, the petition must be *received* by the WCAB within this deadline, not just mailed. The WCJ's Order Approving Compromise and Release was dated October 31, 2016, making the petition filed on January 30, 2019, significantly late. As the time limit is jurisdictional, the WCAB lacked the authority to consider the untimely petition.

Petition for ReconsiderationUntimely filingJurisdictional time limitWorkers' Compensation Appeals BoardWCJ reportOrder Approving Compromise and ReleaseService by mailExtended filing deadlineProof of mailingDismissal
References
Case No. ADJ9109256
Regular
Oct 27, 2016

STACY GARRAFA vs. SECURITAS SECURITY SERVICES USA, INC.; ESIS

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely. California law allows 25 days to file a petition for reconsideration after a decision is served by mail, with potential extensions for weekends or holidays. However, the petition must be *received* by the Board within this period, not merely mailed. In this case, the petition was filed on September 7, 2016, which was over 25 days after the August 12, 2016 decision. As the filing deadline is jurisdictional, the Board lacked the authority to consider the untimely petition.

Petition for ReconsiderationUntimelyDismissedWCJ decisionFiling deadlineJurisdictionalAppeals BoardMailing vs. FilingOctober 272016
References
Case No. ADJ10221419
Regular
Mar 16, 2017

CLORIAN MIHELE vs. HEALTHPOINTE MEDICAL GROUP, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as untimely. California law allows 25 days for filing, with mail service extended to the next business day if the deadline falls on a weekend or holiday. Crucially, the petition must be *received* by the WCAB within this period, not just mailed. The defendant's petition, filed January 18, 2017, was received after the December 27, 2016 deadline.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCJ DecisionMailing vs. FilingAppeals Board AuthorityLabor CodeCalifornia Code of RegulationsAdministrative Law JudgeWorkers' Compensation Appeals Board
References
Case No. ADJ7437597
Regular
Jun 04, 2015

JERRY HENSLEY vs. PANERA BREAD RISEN BREAD, INC

This case involves a petition for reconsideration filed by the applicant, Jerry Hensley, against Panera Bread Risen Bread, Inc. The Workers' Compensation Appeals Board dismissed the petition as untimely. The Board clarified that a petition for reconsideration must be *received* by the WCAB within 25 days of the decision's service, not just mailed. As the petition was filed over 25 days after the WCJ's decision, it was jurisdictionally deficient and therefore dismissed.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardWCJ DecisionService by MailFiling RequirementProof of MailingAdministrative Law JudgeLabor Code
References
Case No. ADJ8235335 ADJ10301846
Regular
Dec 23, 2019

JACK KESSLER vs. E&J GALLO WINERY

This case involves a Petition for Reconsideration filed by E&J Gallo Winery that was dismissed as untimely. The petition was filed on October 28, 2019, exceeding the 25-day jurisdictional deadline for filing after the WCJ's September 30, 2019 decision. The Appeals Board emphasized that filing proof of mailing within the deadline is insufficient; the petition must be received by the Board. Furthermore, the Board noted that the same issues raised had been previously addressed, warranting potential sanctions for frivolous conduct.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingJurisdictional Time LimitMailing vs. FilingWCJ DecisionSanctionsFrivolous ConductReconsideration DenialAdministrative Law Judge
References
Case No. ADJ7270261
Regular
Mar 01, 2012

MEKAL FARUKI vs. MACY'S DEPARTMENT STORES

This case involves Mekal Faruki's petition for reconsideration of a Workers' Compensation Appeals Board decision. The Board dismissed the petition as untimely. Labor Code section 5903 establishes a strict 20-day deadline for filing reconsideration petitions, with a possible 5-day extension for mailing. Critically, the petition is considered filed upon receipt, not mailing date. Faruki's petition was filed over 25 days after the December 10, 2010 decision, rendering it jurisdictionally barred.

Mekal FarukiMacy's Department StoresPetition for ReconsiderationUntimely FilingLabor Code Section 5903WCAB Rule 10507Jurisdictional Time LimitDismissalWorkers' Compensation Appeals BoardSacramento District Office
References
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