Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10507(a)(1), 10508, 10845(a), 10392(a); Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
Petition for reconsideration must be filed within 25 days of service of final decision; defective service extends time to file.
Defendant's petition was timely due to defective service of Award on applicant.
From the decision · page 2I.
There are 25 days allowed within which to file a petition for reconsideration from a "final"
decision that has been served by mail upon an address in California. (Lab. Code, § 5900(a), 5903;
Cal. Code Regs., tit. 8, § 10507(a)(1).) This time limit is extended to the next business day if the
last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10508.) To be timely,
however, a petition for reconsideration must be filed with (i.e., received by) the Appeals Board
within the time allowed; proof that the petition was mailed (posted) within that period is
insufficient. (Cal. Code Regs., tit. 8, § 10845(a), 10392(a).)
This time limit is jurisdictional and, therefore, the Appeals Board has no authority to
consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp.
Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650, 656]; Rymer v.
Toccalino v. Workers' Comp. Appeals Bd. (1982) 128 Cal.App.3d 543
The Appeals Board or WCJ may correct clerical errors at any time without further hearings.
The inclusion of E.M. Pizza Inc. was a clerical error and should be corrected by rescinding the Award.
From the decision · page 3II.
Labor Code section 5702 states:
The parties to a controversy may stipulate the facts relative thereto in writing and
file such stipulation with the appeals board. The appeals board may thereupon make
its findings and award based upon such stipulation, or may set the matter down for
hearing and take further testimony or make the further investigation necessary to
enable it to determine the matter in controversy.
When presented with stipulations with request for award, the WCJ "shall inquire into the
adequacy of all...Stipulations with Request for Award, and may set the matter for hearing to take
evidence when necessary to determine whether the agreement should be approved or
disapproved..." (Cal. Code Regs., tit. 8, § 10700(b).) "The Appeals Board or a Workers'
Compensation Judge may correct a clerical error at any time and without necessity for further
hearings, notwithstanding the lapse of the statutory period for filing a petition for reconsideration."
(Toccalino v. Workers' Comp.