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. 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. ADJ8452616
Regular
Sep 11, 2012

GUILLERMO SANDOVAL DE LA CRUZ vs. DMS FACILITY SERVICES, ZURICH NORTH AMERICA

This case concerns a Petition for Reconsideration filed by a lien claimant, Tri-County Medical Group, challenging an arbitrator's disallowance of its liens. The Appeals Board dismissed the petition because it was not timely filed with the Board and was instead mailed to the arbitrator. Furthermore, the Board noted the petition lacked proper verification and the proof of service was defective. Even if timely, the Board would have denied the petition on its merits due to insufficient evidence presented by the lien claimant.

Workers' Compensation Appeals BoardLien ClaimantPetition for ReconsiderationDisallowed LiensMedical Provider Network (MPN)Arbitrator's FindingsTimely FilingJurisdictionRule 10865Proof of Service
References
Case No. ADJ10227826
Regular
Mar 02, 2020

CARMEN PINEDA vs. MISSION FOODS (GRUMA CORPORATION), ACE AMERICAN INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

The Appeals Board granted reconsideration of the applicant's petition because of discrepancies regarding its timely filing. While the applicant's attorney signed the petition on December 30, 2019, and the EAMS filing date shows December 31, 2019, the applicant must provide definitive proof of filing on December 30, 2019. Failure to provide this proof, including an EAMS Batch ID, will result in the petition being dismissed as untimely. The Board is issuing an Order to Show Cause why the petition should not be dismissed.

WCABPetition for ReconsiderationEAMSFiling DateTimelinessElectronic FilingBatch IDProof of ServiceReconsideration GrantedNotice of Intention to Dismiss
References
Case No. ADJ2823789 (SAC 0369557)
Regular
Jun 18, 2019

PATRICIA WOODS vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Patricia Woods' petition for reconsideration as untimely. The petition was filed more than 25 days after the Administrative Law Judge's decision was served, exceeding the statutory deadline. The WCAB emphasized that failure to file within the jurisdictional time limit prevents the Board from considering the petition. Additionally, the petition failed to provide adequate citations to the record, a requirement for appellate review.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Proof of FilingProof of ServiceLegal Uninsured
References
Case No. ADJ6943767
Regular
Sep 17, 2015

SUSAN ANGULO vs. COUNTY OF LOS ANGELES

This case involved a petition for reconsideration filed with the Workers' Compensation Appeals Board (WCAB). The WCAB dismissed the petition because it was untimely filed. The WCAB clarified that a petition for reconsideration must be *received* by the WCAB within the 25-day statutory period, and mailing proof alone is insufficient. Since the petition was filed more than 25 days after the WCJ's decision, the WCAB lacked jurisdiction to consider it.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitService by MailProof of FilingWorkers' Compensation Appeals BoardWCAB Rule 10508WCJ DecisionDismissal OrderLabor Code Section 5900
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. ADJ10364681
Regular
Jul 18, 2016

GREGORIO ROMERO vs. LA MARRIOTT HOTEL, MARRIOTT CLAIMS SERVICES

This case involves a petition for reconsideration filed by the applicant. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was untimely. California law strictly enforces the jurisdictional deadline for filing petitions for reconsideration, and proof of mailing is insufficient; the petition must be received by the WCAB within the prescribed 25-day period. The WCAB found that the petition was filed well beyond this deadline, rendering it void and without legal effect.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845WCAB Rule 10392Service by MailProof of FilingAdministrative Law Judge
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. ADJ11590945
Regular
Jan 16, 2020

SHIN SHEN TAI, SHIANG MEEI HEH vs. NANTERO INC., AMERICAN GUARANTEE AND LIABILITY INSURANCE, ZURICH

The Workers' Compensation Appeals Board (WCAB) dismissed Shin Shen Tai's petition for reconsideration because it was untimely filed. The WCAB reiterated that petitions for reconsideration must be *received* by the Board within the 25-day statutory limit, with limited extensions. Proof of mailing alone is insufficient to meet this jurisdictional requirement. As the petition was filed more than 25 days after the WCJ's decision, the WCAB lacked authority to consider it.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWCJ DecisionService by MailProof of FilingAppeals Board AuthorityWCAB Rule 10507WCAB Rule 10508WCAB Rule 10845
References
Case No. ADJ10474601
Regular
Mar 25, 2019

GUADALUPE ROMERO vs. BRINDERSON LP, ESIS

This case concerns a petition for reconsideration filed by Guadalupe Romero that the Workers' Compensation Appeals Board (WCAB) dismissed. The petition was untimely because it was filed more than 25 days after the service of the Administrative Law Judge's decision. The WCAB's rules clearly state that a petition must be *received* by the board within the statutory period, and proof of mailing is insufficient. As the deadline is jurisdictional, the Board lacked authority to consider the petition on its merits.

Petition for ReconsiderationUntimely FilingJurisdictional Time LimitWorkers' Compensation Appeals BoardAdministrative Law JudgeService by MailTime ExtensionProof of FilingMaranian v. Workers' Comp. Appeals Bd.Rymer v. Hagler
References
Showing 1-10 of 5,268 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