What the panel ordered
Petition for Reconsideration is dismissed as untimely.
Petition for Reconsideration of the WCJ's Joint Findings and Order dated September 6, 2022. Petition filed October 24, 2022.
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 for reconsideration was filed after the 25-day statutory period and is therefore untimely; the Board lacks jurisdiction to consider it.
From the decision · page 2In this case, the WCJ issued the Joint Findings and Order on September 6, 2022. Based on the authority cited above, applicant had until Monday, October 3, 2022 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on October 24, 2022 was untimely and must be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the Joint Findings and Order on September 6, 2022; the petition for reconsideration was filed on October 24, 2022, after the 25-day statutory period expired.
Favours Defendant prevailed
This made the petition untimely and deprived the Board of jurisdiction to consider it.
From the decision · page 2In this case, the WCJ issued the Joint Findings and Order on September 6, 2022. Based on the authority cited above, applicant had until Monday, October 3, 2022 to seek reconsideration in a timely manner. Therefore, the Petition for Reconsideration filed on October 24, 2022 was untimely and must be dismissed.
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, §§ 10605(a)(1), 10600, 10940(a), 10615(b)
A petition for reconsideration must be filed within 25 days of a final decision served by mail to a California address; the time limit is jurisdictional and cannot be extended by mailing within the period.
The petition was filed after the 25-day period, so the Board lacks jurisdiction to consider it.
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 same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.