CompFox AI Summary
The Workers' Compensation Appeals Board dismissed Benny Andrade's petition for reconsideration as untimely. The petition was filed on May 15, 2013, which was over 25 days after the WCJ's decision was served on May 23, 2008. Labor Code section 5903 sets a strict 20-day deadline for reconsideration petitions, extendable by five days for mailing. As the deadline is jurisdictional, the Board lacked the power to grant the untimely petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed Benny Andrade's petition for reconsideration as untimely. The petition was filed on May 15, 2013, which was over 25 days after the WCJ's decision was served on May 23, 2008. Labor Code section 5903 sets a strict 20-day deadline for reconsideration petitions, extendable by five days for mailing. As the deadline is jurisdictional, the Board lacked the power to grant the untimely petition.
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