Home/Case Law/ELIZABETH WINTHER vs. SANTA BARBARA COUNTY EDUCATION OFFICE, WORKERS' COMPENSATION ADMINITRATORS
Regular DecisionReconsideration

ELIZABETH WINTHER vs. SANTA BARBARA COUNTY EDUCATION OFFICE, WORKERS' COMPENSATION ADMINITRATORS

Filed: Sep 23, 2009
San Francisco
ADJ580463

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was untimely filed. The original order denying the lien was served on July 1, 2009, and the petition for reconsideration was not filed until July 29, 2009, exceeding the jurisdictional 20-day filing window. California law strictly enforces this deadline, and the WCAB lacks the power to grant petitions filed after this period. Therefore, the petition was dismissed as a matter of law.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed a lien claimant's petition for reconsideration because it was untimely filed. The original order denying the lien was served on July 1, 2009, and the petition for reconsideration was not filed until July 29, 2009, exceeding the jurisdictional 20-day filing window. California law strictly enforces this deadline, and the WCAB lacks the power to grant petitions filed after this period. Therefore, the petition was dismissed as a matter of law.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

ELIZABETH WINTHER vs. SANTA BARBARA COUNTY EDUCATION OFFICE, WORKERS' COMPENSATION ADMINITRATORS (2009) – San Francisco | CompFox