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Case Law Database

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. 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. 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. ADJ3380178 (LBO 0374938)
Regular
Jul 15, 2016

RAUL SOLIS vs. D.M. HUNTER ENTERPRISE, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Raul Solis's Petition for Reconsideration due to untimeliness. The petition was filed on June 1, 2016, which was more than the jurisdictional 25-day limit after the WCJ's May 6, 2016 decision. The WCAB clarified that filing means actual receipt by the Board, not just mailing. Therefore, the Board lacked authority to consider the untimely petition.

WCABPetition for Reconsiderationuntimelydismissaljurisdictionalfilereceivedmailedproof of serviceservice by mail
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. ADJ9542380
Regular
Feb 14, 2020

Blance, Maria vs. ARMM, INC., ZENITH INSURANCE COMPANY

The Workers' Compensation Appeals Board (WCAB) dismissed Maria Blanco's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the 25-day statutory deadline. The WCAB clarified that filing means receipt by the Board, not just mailing. As the deadline is jurisdictional, the Board lacked authority to consider the petition.

Petition for ReconsiderationUntimely FilingJurisdictional LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Service by MailProof of MailingAdministrative Law Judge
References
Case No. ADJ7873404
Regular
Apr 02, 2019

JEANNE MAYORAL vs. Z GALLERIE, UNITED STATES FIRE INSURANCE COMPANY, CRUM & FORSTER

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because it was untimely filed. The WCAB clarified that a petition must be *received* by the board within 25 days of service, not just mailed. As the petition was filed more than 25 days after the WCJ's decision, it was deemed jurisdictional and therefore dismissed. Had it been timely, the WCAB would have denied it on the merits.

Petition for ReconsiderationUntimely FilingDismissalWorkers' Compensation Appeals BoardWCJ ReportService by MailJurisdictional Time LimitProof of MailingAdjudicative DecisionCase Number
References
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