Home/Case Law/MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE
Regular Decision

MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE

Filed: Jul 07, 2016
Anaheim
ADJ7584931

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) dismissed Marciano Cornejo's Petition for Reconsideration because it was filed on May 9, 2016, which was untimely. The WCJ's decision was served by mail on July 30, 2014, and the statutory 25-day filing period had expired. Timeliness is a jurisdictional requirement, meaning the WCAB lacked the authority to consider the petition. Even if timely, the petition would have been denied on the merits based on the WCJ's report.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) dismissed Marciano Cornejo's Petition for Reconsideration because it was filed on May 9, 2016, which was untimely. The WCJ's decision was served by mail on July 30, 2014, and the statutory 25-day filing period had expired. Timeliness is a jurisdictional requirement, meaning the WCAB lacked the authority to consider the petition. Even if timely, the petition would have been denied on the merits based on the WCJ's report.

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MARCIANO CORNEJO vs. ALL AMERICAN ASPHALT, SEABRIGHT INSURANCE (2016) – Anaheim | CompFox