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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. 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. ADJ984305
Significant
Sep 17, 2015

Joann Matute, Applicant vs. Los Angeles Unified School District, defendants

The Appeals Board held that the term 'mailing' in Labor Code section 4610.6(h) is equivalent to 'service by mail', thus extending the 30-day period to file an Independent Medical Review (IMR) appeal by five days under C.C.P. section 1013(a), making the applicant's appeal timely.

IMR determinationservice by mailCode of Civil Procedure 1013(a)Labor Code 4610.6(h)Appeals Board en bancPetition for ReconsiderationUtilization ReviewAdministrative Directoruntimely appeal30-day period
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
Case No. ADJ2732539 (LAO0871611)
Regular
Oct 28, 2008

CESAR MERIDA vs. M.C. GILL CORPORATION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal because it was filed after the statutory deadline. The petition challenged a change of venue order, but defendant's counsel failed to file within the twenty-day period prescribed by WCAB Rule 10843(b), extended by five days for mail service under Code of Civil Procedure section 1013(a). Consequently, the matter remains transferred to the San Bernardino district office.

Petition for RemovalChange of VenueUntimely PetitionWCAB Rule 10843(b)Code of Civil Procedure 1013(a)Five-Day ExtensionService by MailDismissedReturned to Trial LevelSan Bernardino District Office
References
Case No. ADJ8964113
Regular
Jun 24, 2016

LISA LIU vs. ADVENTURER HOTEL, TOWER NATIONAL INSURANCE COMPANY

This case concerns a lien claim filed by Tri-County Medical Group for services provided to applicant Lisa Liu. The Administrative Law Judge (ALJ) dismissed the lien, finding it was filed untimely beyond the 18-month statutory limit. The lien claimant appealed, arguing the filing date of February 2, 2015, was within the period because the 18-month deadline of February 1, 2015, fell on a Sunday, extending the filing to the next business day. The Workers' Compensation Appeals Board granted reconsideration, rescinded the ALJ's order, and found the lien timely filed. The Board determined that per procedural rules, when the last day falls on a weekend, the deadline extends to the next business day.

Workers' Compensation Appeals BoardLien ClaimPetition for ReconsiderationLabor Code section 4903.5(b)Statute of Limitations18-month periodRules of Practice and ProcedureBusiness DayEAMS RecordJudicial Notice
References
Case No. ADJ10391495
Regular
Jun 20, 2019

EDNA DE LEON, vs. DEPALMA TERRACE SENIOR LIVING; BERKSHIRE HATHAWAY HOMESTATE COMPANIES; THE HARTFORD,

The Workers' Compensation Appeals Board dismissed Edna De Leon's Petition for Reconsideration because it was filed untimely. The Board noted that California law allows only 25 days to file a petition after a decision is served by mail. De Leon's petition was filed on April 22, 2019, which was more than 25 days after the WCJ's March 25, 2019 decision. The Board emphasized that timely filing is jurisdictional and they lacked authority to consider petitions filed outside this timeframe.

Petition for Reconsiderationuntimelydismissaljurisdictionalservice by mailtime limitWCABWCJdeadline25 days
References
Case No. VNO 0454707
Regular
Aug 23, 2007

JOSE FRANCO vs. FURNITURE RESOURCES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed Jose Franco's petition for reconsideration because it was untimely filed. Labor Code section 5903 establishes a strict 20-day filing deadline, extendable by 5 days for mailing, for petitions for reconsideration. This case was dismissed because the petition was filed over 25 days after the Workers' Compensation Judge's decision was served, rendering the filing jurisdictionally defective.

WCABPetition for ReconsiderationTimelinessLabor Code Section 5903jurisdictionaldismissal20-day limit5-day mailing extensiondeemed filedactual receipt
References
Case No. SDO 0352094
Regular
Nov 16, 2007

DIEGO NETZER-MARIN vs. TC CONSTRUCTION, AMERICAN HOME ASSURANCE

The Workers' Compensation Appeals Board dismissed Diego Netzer-Marin's petition for reconsideration against TC Construction and American Home Assurance because it was untimely filed. The petition was submitted more than 25 days after the original decision, exceeding the jurisdictional 20-day filing period, with no valid extension. Therefore, the Board lacked the authority to consider the merits of the petition.

Labor Code section 5903petition for reconsiderationuntimelydismissaljurisdictional20 daysmailing extensionfiling datedate of receiptWCJ Report
References
Case No. ADJ9016280
Regular
Jan 28, 2015

WALTER FLORES vs. R \u0026 D CUBICLE INSTALLATION, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, CNA CLAIMPLUS, INC.

In *Flores v. R & D Cubicle Installation*, the Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration as untimely. The WCAB found that the petition was filed on December 3, 2014, which was more than 25 days after the Workers' Compensation Judge's decision was served on November 4, 2014. California law strictly enforces the jurisdictional deadline of 20 days for filing a petition for reconsideration, with a potential five-day extension for mailing. The WCAB reiterated that the timely filing of such a petition is a jurisdictional requirement, and untimely petitions cannot be granted.

Petition for ReconsiderationUntimelyDismissalLabor Code section 5903Filing DeadlineJurisdictionalAppeals BoardWCJ's DecisionServiceMailing Extension
References
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