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A lien claimant, Advanced Orthopedics, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was filed 28 days after the mailing of the original decision, exceeding the 25-day deadline. Despite a proof of service claiming personal service on November 17, 2011, the WCAB's records show the petition was not received until November 22, 2011. The Board stated that even if timely, the petition would have been denied on the merits.
BRIAN GARDNER vs. THERMO-KING, AMERICAN ALTERNATIVE INSURANCE, RISK ENTERPRISE MANAGEMENT is a workers' compensation case decided in San Francisco. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in San Francisco.
Full Decision Text1 Pages
A lien claimant, Advanced Orthopedics, sought reconsideration of a Workers' Compensation Appeals Board (WCAB) decision. The WCAB dismissed the petition because it was filed 28 days after the mailing of the original decision, exceeding the 25-day deadline. Despite a proof of service claiming personal service on November 17, 2011, the WCAB's records show the petition was not received until November 22, 2011. The Board stated that even if timely, the petition would have been denied on the merits.
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