Home/Case Law/GILBERT FLORES vs. GREIF, INC., TRAVELERS PROPERTY CASUALTY CO. OF AMERICA
Regular Decision

GILBERT FLORES vs. GREIF, INC., TRAVELERS PROPERTY CASUALTY CO. OF AMERICA

Filed: Sep 28, 2015
Fresno
ADJ8191769, ADJ8195704

CompFox AI Summary

This case involves a petition for removal or reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was that the petition was untimely filed, exceeding the 20-day deadline following personal service of the WCJ's decision. The WCAB clarified that timely filing requires receipt by the Board within the deadline, not just mailing. Since the petition was filed more than 20 days after personal service, it was jurisdictional invalid and therefore dismissed.

Full Decision Text1 Pages

This case involves a petition for removal or reconsideration that was dismissed by the Workers' Compensation Appeals Board (WCAB). The primary reason for dismissal was that the petition was untimely filed, exceeding the 20-day deadline following personal service of the WCJ's decision. The WCAB clarified that timely filing requires receipt by the Board within the deadline, not just mailing. Since the petition was filed more than 20 days after personal service, it was jurisdictional invalid and therefore dismissed.

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GILBERT FLORES vs. GREIF, INC., TRAVELERS PROPERTY CASUALTY CO. OF AMERICA (2015) – Fresno | CompFox