CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. ADJ3133261 (VNO 0400017)
Regular
Aug 17, 2010

FELIPE TOLENTINO vs. CONCO CEMENT, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, XCHANGING INC., FREMONT COMPENSATION

The Workers' Compensation Appeals Board (WCAB) dismissed the lien claimant's petition for reconsideration as premature. The WCAB granted the defendant's petition for reconsideration regarding the temporary disability overpayment issue, deferring it for further proceedings. The Board affirmed the WCJ's findings on injury causation and permanent disability but amended the decision to clarify the overpayment issue. Finally, the WCAB issued a notice of intention to sanction defendant's counsel for attaching and citing unadmitted evidence.

Workers' Compensation Appeals BoardFELIPE TOLENTINOCONCO CEMENTCALIFORNIA INSURANCE GUARANTEE ASSOCIATIONXCHANGING INC.FREMONT COMPENSATIONliquidationADJ3133261VNO 0400017OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND GRANTING PETITION FOR RECONSIDERATION
References
Case No. ADJ8438087
Regular
Feb 24, 2017

CONSUELO ACEVEDO vs. SYSTEM SOLDING USA, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration, amending a prior decision to find that Tri-City Health Group's lien was timely filed. The Board affirmed the finding that Komberg Chiropractic's lien was barred by the statute of limitations due to late filing on December 29, 2015, when services ended December 28, 2012. However, Tri-City Health Group's lien, filed electronically on March 21, 2016, was deemed timely, as the deadline of March 19, 2016, fell on a weekend and the next business day was utilized. The matter is returned to the trial level for further proceedings regarding Tri-City Health Group's lien.

Workers' Compensation Appeals BoardLien ClaimantsStatute of LimitationsPetition for ReconsiderationFindings and OrderLabor Code Section 4903.5EAMSElectronic FilingBusiness DayTimely Filed
References
Case No. ADJ7570196
Regular
Apr 21, 2017

ERIK SPEARMAN vs. SUBSEQUENT INJURIES BENEFITS TRUST FUND, administered by THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS

The Workers' Compensation Appeals Board (WCAB) dismissed the Petition for Reconsideration filed by the Subsequent Injuries Benefits Trust Fund. The petition was dismissed because it was untimely, filed more than 25 days after the WCJ's decision. The WCAB emphasized that the filing deadline is jurisdictional and that a petition must be *received* by the Board within the allowed time. If the petition had been timely, it would have been denied on the merits.

SUBSEQUENT INJURIES BENEFITS TRUST FUNDPetition for Reconsiderationuntimely filingjurisdictionalAppeals BoardWCJ decisiondeadlineproof of filingmailingservice
References
Case No. ADJ1169918 (VNO 0532601)
Regular
Apr 23, 2015

TERESA SALAZAR vs. COUNTY OF LOS ANGELES, TRISTAR

The Workers' Compensation Appeals Board (WCAB) dismissed Teresa Salazar's petition for reconsideration as untimely. The petition was filed on April 1, 2015, which was more than the 25-day jurisdictional deadline following the WCJ's December 30, 2014 decision. The WCAB lacks authority to consider petitions filed outside this statutory period. Therefore, the petition was dismissed, and had it been timely, it would have been denied on the merits.

Petition for ReconsiderationUntimely FilingDismissalWorkers' Compensation Appeals BoardWCJ ReportJurisdictional Time LimitService by MailExtension of TimePosting vs. FilingLegal Precedent
References
Case No. ADJ7020366
Regular
Aug 22, 2013

OCTAVIO GONZALEZ vs. BODEGA LATHE CORPORATION, PACIFIC COMP INSURANCE

The Workers' Compensation Appeals Board dismissed Octavio Gonzalez's petition for reconsideration because it was untimely filed. The petition was submitted more than 25 days after the administrative law judge's decision, exceeding the 20-day statutory limit, which can be extended by five days for mail. Because the deadline for filing a petition for reconsideration is jurisdictional, the Board lacked the authority to consider it. Had the petition been timely, it would have been denied on the merits as well.

Workers' Compensation Appeals BoardPetition for ReconsiderationUntimely filingJurisdictional time limitLabor Code section 5903Administrative Law JudgeWCJ's Report and RecommendationMaranian v. Workers' Comp. Appeals Bd.Rymer v. HaglerScott v. Workers' Comp. Appeals Bd.
References
Case No. ADJ8649645 ADJ8482658
Regular
Jun 25, 2015

ANTONIA LOPEZ vs. RELIABLE RESOURCES, JUSTMAN PACKAGING, GALLAGHER BASSETT SERVICES, INC.

This case involves a Petition for Reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The dismissal was based solely on the petition being untimely filed. California law allows 25 days to file, with potential extensions, but the petition was filed significantly after the deadline. The WCAB lacks jurisdiction to consider petitions filed outside this mandatory time limit. Even if timely, the petition would have been denied on the merits.

Petition for ReconsiderationUntimely filingWorkers' Compensation Appeals BoardWorkers' Compensation Administrative Law JudgeJurisdictional time limitDismissed petitionService by mailProof of filingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
Case No. ADJ8581135
Regular
Jun 30, 2015

JUAN SOSA vs. DIAMOND STAFFING SERVICES, LUMBERMEN'S UNDERWRITING ALLIANCE

This case involves a petition for reconsideration filed by Applicant Juan Sosa. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely. California law requires petitions for reconsideration to be filed within 25 days of the WCJ's decision, with extensions for weekends or holidays. The petition was filed on June 30, 2015, which was beyond the permissible filing period after the June 3, 2015 decision. The WCAB lacks jurisdiction to consider untimely petitions.

Petition for ReconsiderationUntimely FilingWorkers' Compensation Appeals BoardWCJ DecisionJurisdictional Time LimitService by MailProof of FilingExpiration of TimeDismissal OrderLabor Code Sections
References
Case No. ADJ2023756 (SAC 0323234)
Regular
Aug 30, 2013

VICTORIA BRESHEARS vs. THE KROGER COMPANY DBA RALPH'S GROCERY COMPANY

The Workers' Compensation Appeals Board granted the employer's Petition for Reconsideration due to discrepancies regarding the timeliness of its filing. The Board issued a Notice of Intention to Dismiss, requiring the employer to provide proof of timely electronic filing via EAMS, specifically the Batch ID and submission date/time. If the employer fails to demonstrate the petition was filed before 5:00 PM on July 8, 2013, it will be dismissed as untimely.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardFindings and OrderWCJEAMSElectronic Adjudication Management SystemBatch IDTimely FiledProof of Service
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. ADJ8227298
Regular
Dec 18, 2014

DIANA MARKS vs. A.C. TRANSIT DISTRICT

The Workers' Compensation Appeals Board vacated its prior Order Granting Reconsideration. The Board determined that the defendant's Petition for Reconsideration was not timely filed due to an electronic filing after 5:00 p.m. on the last day to file, making it legally deemed filed the following business day. As the petition was untimely, the Board dismissed it for lack of jurisdiction.

Petition for ReconsiderationUntimely FilingEAMSBatch IDWCABLabor CodeCal. Code Regs.Jurisdictional Time LimitsWCJOrder Granting Reconsideration
References
Showing 1-10 of 5,250 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational