Home/Case Law/LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM, CALIFORNIA INSURANCE COMPANY, APPLIED RISK
Regular DecisionReconsideration

LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM, CALIFORNIA INSURANCE COMPANY, APPLIED RISK

Filed: Feb 29, 2016
Oxnard
ADJ8975403, ADJ8975401

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Leopoldo Simental Lopez's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline after the WCJ's decision. The WCAB clarified that filing means actual receipt by the board, not just mailing. Therefore, the board lacked authority to consider the untimely petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Leopoldo Simental Lopez's petition for reconsideration. The dismissal was based on the petition being untimely filed, exceeding the jurisdictional 25-day deadline after the WCJ's decision. The WCAB clarified that filing means actual receipt by the board, not just mailing. Therefore, the board lacked authority to consider the untimely petition.

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LEOPOLDO SIMENTAL LOPEZ vs. ELYJRS PUMPING AND SEPTIC SYSTEM, CALIFORNIA INSURANCE COMPANY, APPLIED RISK (2016) – Oxnard | CompFox