CompFox AI Summary
Federal Express sought reconsideration of a WCJ's award to Linda Stevens for a psychological injury as a consequence of her prior orthopedic injuries, arguing insufficient medical evidence and improper diagnostic testing. The Workers' Compensation Appeals Board dismissed the petition as untimely filed. The Board found the petition was received by the Appeals Board on January 17, 2012, which was after the January 13, 2012 deadline for reconsideration following service on December 19, 2011. This procedural defect was jurisdictional, requiring dismissal regardless of the petition's merits.
Full Decision Text1 Pages
Federal Express sought reconsideration of a WCJ's award to Linda Stevens for a psychological injury as a consequence of her prior orthopedic injuries, arguing insufficient medical evidence and improper diagnostic testing. The Workers' Compensation Appeals Board dismissed the petition as untimely filed. The Board found the petition was received by the Appeals Board on January 17, 2012, which was after the January 13, 2012 deadline for reconsideration following service on December 19, 2011. This procedural defect was jurisdictional, requiring dismissal regardless of the petition's merits.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.