Home/Case Law/GUILLERMO GARCIA vs. REGAN PAVING, AMERICAN CLAIMS MANAGEMENT
Regular DecisionRegular Panel Decision

GUILLERMO GARCIA vs. REGAN PAVING, AMERICAN CLAIMS MANAGEMENT

Filed: Jan 29, 2018
San Francisco
ADJ655192 (AHM 0143398)

CompFox AI Summary

This case involves a petition for reconsideration that was dismissed as untimely by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the petition was filed more than 25 days after the service of the administrative law judge's decision, exceeding the jurisdictional deadline. Crucially, the WCAB emphasized that a petition must be received by the board within the time limit, and simply mailing it is insufficient. Therefore, the WCAB lacked authority to consider the untimely petition and dismissed it accordingly.

Full Decision Text1 Pages

This case involves a petition for reconsideration that was dismissed as untimely by the Workers' Compensation Appeals Board (WCAB). The WCAB found that the petition was filed more than 25 days after the service of the administrative law judge's decision, exceeding the jurisdictional deadline. Crucially, the WCAB emphasized that a petition must be received by the board within the time limit, and simply mailing it is insufficient. Therefore, the WCAB lacked authority to consider the untimely petition and dismissed it accordingly.

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GUILLERMO GARCIA vs. REGAN PAVING, AMERICAN CLAIMS MANAGEMENT (2018) – San Francisco | CompFox