What the panel ordered
The WCAB vacated its prior Opinion and Order Granting Petition for Reconsideration issued on September 29, 2022, and dismissed the Petition for Reconsideration of the WCJ's June 21, 2022 Findings and Order for untimeliness.
Petition for reconsideration of the WCJ's June 21, 2022 Findings and Order was filed by lien claimant Beverly Hills Pharmacy and dismissed for untimeliness by the WCAB panel on July 19, 2023.
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 dismissed because Beverly Hills Pharmacy failed to timely file it within the jurisdictional time limit, depriving the Appeals Board of authority to consider it.
From the decision · page 1On May 26, 2023, we issued our "Opinion and Notice of Intention to Dismiss" (Opinion), wherein we allowed lien claimant Beverly Hills Pharmacy 15 days to file proof that it had timely filed its petition for reconsideration of a F&O issued on June 21, 2022 by a workers' compensation administrative law judge (WCJ). In our Opinion, we gave notice to Beverly Hills Pharmacy that, unless it submitted proof of timely filing within the allotted 15 days, its petition for reconsideration would be dismissed.