Home/Case Law/ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND
Regular DecisionReconsideration

ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND

Filed: Mar 03, 2014
Marina Del Rey
ADJ7041310

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as untimely. The WCAB found that the defendant's claim of late receipt of the Findings and Award was insufficient to overcome official records establishing timely service. The Board applied presumptions of regular performance of duty and ordinary course of mail, supported by case law, that service is complete upon mailing. Therefore, the petition was dismissed based on its untimeliness.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration as untimely. The WCAB found that the defendant's claim of late receipt of the Findings and Award was insufficient to overcome official records establishing timely service. The Board applied presumptions of regular performance of duty and ordinary course of mail, supported by case law, that service is complete upon mailing. Therefore, the petition was dismissed based on its untimeliness.

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ARCADIO TORRES vs. UNIVERSAL METAL PLATING, STATE COMPENSATION INSURANCE FUND (2014) – Marina Del Rey | CompFox