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Case Law Database

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

Case No. ADJ7041310

Regular

Mar 03, 2014

ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as untimely. The WCAB found that the defendant's claim of late receipt of the Findings and Award was insufficient to overcome official records establishing timely service. The Board applied presumptions of regular performance of duty and ordinary course of mail, supported by case law, that service is complete upon mailing. Therefore, the petition was dismissed based on its untimeliness.

Petition for ReconsiderationDismissedUntimelyFindings and AwardProof of ServicePresumption of ReceiptOfficial RecordsWCABEvid. Code § 664Evid. Code § 641

References

Case No. ADJ9442434

Regular

Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

This Workers' Compensation Appeals Board case, *Hernandez v. Taylor Fresh Foods*, involves a petition for reconsideration that was dismissed as untimely. The Board found that the petition was filed over 25 days after the administrative law judge's decision, exceeding the jurisdictional deadline. Proof of mailing was insufficient; the petition needed to be *received* by the Board within the statutory period. Consequently, the Board lacked the authority to review the petition's merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507(a)(1)WCAB Rule 10508WCAB Rule 10845(a)WCAB Rule 10392(a)Proof of Mailing InsufficientMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler

References

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. 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. ADJ10481568

Regular

Jul 01, 2019

JUAN MARTINEZ vs. CAL CENTRAL HARVESTING, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Juan Martinez's petition for reconsideration because it was filed untimely. California law mandates petitions for reconsideration be filed within 25 days of the WCJ's decision being served by mail. Proof of mailing is insufficient; the petition must be received by the WCAB within the statutory timeframe. As the petition was filed more than 25 days after the April 24, 2019 decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCAB Rule 10508WCJProof of MailingService by MailAdministrative Law JudgeFinal Decision

References

Case No. ADJ1816661 (SAC 0311832)

Regular

Jan 08, 2016

MICHAEL THOMAS vs. GEREMIA POOLS, INC., STATE COMPENSATION INSURANCE FUND

This case concerns a petition for reconsideration filed with the Workers' Compensation Appeals Board. The Board dismissed the petition because it was untimely, exceeding the jurisdictional 25-day filing deadline after the Workers' Compensation Judge's decision. Proof of mailing was insufficient; the petition had to be received by the Board within the statutory period. The Board emphasized its lack of authority to consider petitions filed after the deadline.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ ReportJurisdictional Time LimitService by MailDismissalLabor Code SectionsCalifornia Code of RegulationsProof of Mailing

References

Case No. ADJ7331434

Regular

Feb 25, 2015

JORGE BAEZ vs. QUALITY STAFFING SOLUTIONS, INC, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board (WCAB) dismissed Jorge Baez's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day filing period after the WCJ's decision was served. Proof of mailing within the period is insufficient; the petition must be *received* by the WCAB within the statutory timeframe. Even if timely, the petition would have been denied on its merits.

Petition for ReconsiderationTimelinessDismissalWorkers' Compensation Appeals BoardWCJ ReportLabor CodeCalifornia Code of RegulationsJurisdictionalUntimely PetitionFiling Deadline

References

Case No. ADJ4448208 (SFO 0458693), ADJ2203337 (SFO 0459427), ADJ1383687 (SFO 0477579)

Regular

Jun 16, 2015

EDUARDO ABAD vs. SAN FRANCISCO MARRIOTT, MARRIOTT CLAIMS SERVICES

The Workers' Compensation Appeals Board dismissed Eduardo Abad's petition for reconsideration because it was untimely filed. California law grants 25 days to file such a petition after service, with limited extensions, and the petition here was filed beyond this jurisdictional deadline. Mailing proof is insufficient; the petition must be received by the Board within the timeframe. As the petition was late, the Board lacked authority to consider its merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCABWorkers' Compensation Appeals BoardWCJWorkers' Compensation Administrative Law JudgeCode of RegulationsLabor CodeService by Mail

References

Case No. ADJ3953416 (LAO 0452456)

Regular

Nov 30, 2015

CLENNON MOORE vs. COUNTY OF LOS ANGELES; Permissibly Self-Insured, administered by TRISTAR

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration. The dismissal was based on the petition being untimely filed, as it was submitted more than 25 days after the WCJ's decision was served. The WCAB emphasized that the filing deadline is jurisdictional and exceeding it deprives the board of authority to consider the petition. Proof of mailing within the deadline is insufficient; the petition must be received by the WCAB within the statutory period.

Petition for ReconsiderationUntimely FilingDismissalWCABWCJLabor CodeCal. Code Regs.JurisdictionalService by MailProof of Mailing

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

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Updated Daily

Case Law Database

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

Case No. ADJ7041310

Regular

Mar 03, 2014

ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND

Petition for ReconsiderationDismissedUntimelyFindings and AwardProof of ServicePresumption of ReceiptOfficial RecordsWCABEvid. Code § 664Evid. Code § 641

References

Case No. ADJ9442434

Regular

Oct 05, 2018

JUAN HERNANDEZ vs. TAYLOR FRESH FOODS, dba RIVER RANCH FRESH FOODS, ZURICH NORTH AMERICAN INSURANCE COMPANY

References

Case No. ADJ8013755

Regular

Mar 29, 2017

JOONG YEOL LEE vs. BCD TOFU HOUSE; TOWER

Petition for ReconsiderationUntimelyDismissedWorkers' Compensation Appeals BoardWCJFindings and AwardLab. CodeCal. Code Regs.JurisdictionalDate of Filing

References

Case No. ADJ8382565

Regular

Nov 17, 2015

MOHAMED SHABAAN vs. FAIRWAY FORD, TRAVELERS INSURANCE COMPANY

Petition for ReconsiderationUntimelyDismissalWorkers' Compensation Appeals BoardWCJLabor CodeCode of RegulationsJurisdictionalMaranianRymer

References

Case No. ADJ10481568

Regular

Jul 01, 2019

JUAN MARTINEZ vs. CAL CENTRAL HARVESTING, STAR INSURANCE COMPANY

Petition for ReconsiderationUntimelyDismissedJurisdictionalWCAB Rule 10508WCJProof of MailingService by MailAdministrative Law JudgeFinal Decision

References

Case No. ADJ1816661 (SAC 0311832)

Regular

Jan 08, 2016

MICHAEL THOMAS vs. GEREMIA POOLS, INC., STATE COMPENSATION INSURANCE FUND

References

Case No. ADJ7331434

Regular

Feb 25, 2015

JORGE BAEZ vs. QUALITY STAFFING SOLUTIONS, INC, ZURICH AMERICAN INSURANCE

Petition for ReconsiderationTimelinessDismissalWorkers' Compensation Appeals BoardWCJ ReportLabor CodeCalifornia Code of RegulationsJurisdictionalUntimely PetitionFiling Deadline

References

Case No. ADJ4448208 (SFO 0458693), ADJ2203337 (SFO 0459427), ADJ1383687 (SFO 0477579)

Regular

Jun 16, 2015

EDUARDO ABAD vs. SAN FRANCISCO MARRIOTT, MARRIOTT CLAIMS SERVICES

References

Case No. ADJ3953416 (LAO 0452456)

Regular

Nov 30, 2015

CLENNON MOORE vs. COUNTY OF LOS ANGELES; Permissibly Self-Insured, administered by TRISTAR

Petition for ReconsiderationUntimely FilingDismissalWCABWCJLabor CodeCal. Code Regs.JurisdictionalService by MailProof of Mailing

References

Case No. ADJ7154927

Regular

Oct 02, 2015

FELIPE AVALOS vs. FRITO LAY, INC.

Petition for ReconsiderationUntimely filingWCJ decisionService by mailCalifornia addressTime extensionWeekend or holidayProof of mailingJurisdictional time limitAppeals Board authority

References

Showing 1-10 of 3,111 results

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