Home/Case Law/ADAM ARISTA vs. NESTLE USA, ACE INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES
Regular Decision

ADAM ARISTA vs. NESTLE USA, ACE INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES

Filed: Jul 20, 2018
Riverside
ADJ9751139

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Adam Arista's petition for reconsideration against Nestle USA and its insurers. The WCAB found the petition untimely, as it was filed more than 25 days after the Administrative Law Judge's decision was served. California law dictates that a petition for reconsideration must be received by the WCAB within the statutory time limit, which is jurisdictional. Proof of mailing alone is insufficient to meet this deadline.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Adam Arista's petition for reconsideration against Nestle USA and its insurers. The WCAB found the petition untimely, as it was filed more than 25 days after the Administrative Law Judge's decision was served. California law dictates that a petition for reconsideration must be received by the WCAB within the statutory time limit, which is jurisdictional. Proof of mailing alone is insufficient to meet this deadline.

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ADAM ARISTA vs. NESTLE USA, ACE INSURANCE COMPANY, administered by SEDGWICK CLAIMS MANAGEMENT SERVICES (2018) – Riverside | CompFox