CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was untimely filed. The original award was issued on August 10, 2015, and the applicant filed her petition on October 26, 2015, significantly exceeding the statutory deadline. The WCAB found that the applicant's declarations of non-receipt of the award were insufficient to overcome the presumption of proper service. Even if the filing deadline were calculated from a later date claimed by the applicant's counsel, the petition would still be untimely. Therefore, the WCAB lacked jurisdiction to review the merits of the applicant's arguments regarding permanent disability or the medical evidence.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration because it was untimely filed. The original award was issued on August 10, 2015, and the applicant filed her petition on October 26, 2015, significantly exceeding the statutory deadline. The WCAB found that the applicant's declarations of non-receipt of the award were insufficient to overcome the presumption of proper service. Even if the filing deadline were calculated from a later date claimed by the applicant's counsel, the petition would still be untimely. Therefore, the WCAB lacked jurisdiction to review the merits of the applicant's arguments regarding permanent disability or the medical evidence.
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