What the panel ordered
Petition for reconsideration dismissed as untimely
Petition for reconsideration filed on January 26, 2024, after the WCJ's December 11, 2023 decision
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition was filed more than 25 days after the WCJ's decision, beyond the allowed time limit, which is jurisdictional and mandatory.
From the decision · page 1There 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, § 10605(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, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The petition for reconsideration was filed on January 26, 2024, more than 25 days after the WCJ's December 11, 2023 decision.
Favours Defendant prevailed
This filing was beyond the jurisdictional time limit for filing a petition for reconsideration, requiring dismissal.
From the decision · page 2The petition in this matter was filed on January 26, 2024. This was more than 25 days after the service of the WCJ's December 11, 2023 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, §§ 10600, 10605(a)(1), 10940(a), 10615(b); Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068
A petition for reconsideration must be filed within 25 days of service of the final decision; this time limit is jurisdictional and mandatory.
The petition was filed on January 26, 2024, more than 25 days after the WCJ's December 11, 2023 decision, thus untimely and subject to dismissal.
From the decision · page 1There 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, § 10605(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, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), 10615(b).)
What proof carried it
The evidence the panel weighed, by kind.
The petition was filed more than 25 days after the WCJ's decision and beyond any extension allowed.
From the decision · page 2The petition in this matter was filed on January 26, 2024. This was more than 25 days after the service of the WCJ's December 11, 2023 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
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