Home/Case Law/LUIS GONZALEZ, Deceased, HORTENSIA SOTO, Widow, MANUEL MEZA SOTO, Dependent vs. FOUNDATION BUILDING MATERIALS, LLC, AMERISURE MUTUAL INSURANCE COMPANY
Regular DecisionReconsideration

LUIS GONZALEZ, Deceased, HORTENSIA SOTO, Widow, MANUEL MEZA SOTO, Dependent vs. FOUNDATION BUILDING MATERIALS, LLC, AMERISURE MUTUAL INSURANCE COMPANY

Filed: Oct 08, 2019
San Bernardino
ADJ10507545, ADJ10391856

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed on August 13, 2019, which was more than 25 days after the WCJ's July 18, 2019 decision. California law requires petitions for reconsideration to be filed within 25 days of service by mail, with extensions only for weekends or holidays, and filing means receipt by the Board, not just mailing. The Board lacks jurisdiction to consider untimely petitions as the time limit is jurisdictional. Therefore, the petition was dismissed.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the applicant's petition for reconsideration because it was filed on August 13, 2019, which was more than 25 days after the WCJ's July 18, 2019 decision. California law requires petitions for reconsideration to be filed within 25 days of service by mail, with extensions only for weekends or holidays, and filing means receipt by the Board, not just mailing. The Board lacks jurisdiction to consider untimely petitions as the time limit is jurisdictional. Therefore, the petition was dismissed.

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LUIS GONZALEZ, Deceased, HORTENSIA SOTO, Widow, MANUEL MEZA SOTO, Dependent vs. FOUNDATION BUILDING MATERIALS, LLC, AMERISURE MUTUAL INSURANCE COMPANY (2019) – San Bernardino | CompFox