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

Case No. ADJ7232076
En Banc
Sep 26, 2011

Tsegay Messele vs. Pitco Foods, Inc.; California Insurance Company

The Appeals Board holds that the 10-day period for agreeing on an AME under Labor Code § 4062.2(b) is extended by five days when the initial proposal is served by mail, and clarifies the method for calculating this time period, finding both parties' panel requests premature.

Workers' Compensation Appeals BoardTsegay MesselePitco FoodsInc.California Insurance CompanyADJ7232076Opinion and Decision After ReconsiderationOrder Granting RemovalDecision After RemovalEn Banc
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. 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. ADJ6923711
Regular
May 02, 2013

OSCAR VIZCARRA vs. APPLIED RISK SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Oscar Vizcarra's petition for reconsideration as untimely. The petition was filed on March 28, 2013, which was more than twenty days after the WCJ's decision was personally served on February 28, 2013. Because the decision was personally served, no mailing extension applied. The WCAB correctly applied Labor Code section 5903, noting that filing a petition for reconsideration outside the jurisdictional time limit mandates dismissal.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely FilingLabor Code Section 5903Jurisdictional Time LimitPersonally ServedMailing ExtensionCode of Civil Procedure Section 1013WCAB Rule 10507Date of Receipt
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. ADJ9819388
Regular
Jun 28, 2017

ISIDRA ACABAL vs. CALIFORNIA DEPARTMENT OF SOCIAL SERVICES/IN-HOME SUPPORTIVE SERVICES, administered by YORK RISK SERVICES GROUP, INC.

This case involves a petition for reconsideration that was dismissed because it was filed late. The Workers' Compensation Appeals Board (WCAB) clarified that a petition must be received by the WCAB within the statutory timeframe, not just mailed. In this instance, the applicant filed the petition 10 days after the deadline, making it untimely. Consequently, the WCAB lacked jurisdiction to consider the merits of the petition and dismissed it.

WORKERS' COMPENSATION APPEALS BOARDPetition for ReconsiderationuntimelydismissedWCJtime limitjurisdictionalMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v Workers' Comp. Appeals Bd.
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. 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. 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. 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
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