CompFox AI Summary
The Workers' Compensation Appeals Board dismissed a petition for removal in Ortiz v. J Korean BBQ because it was untimely filed. The petition was submitted on January 25, 2016, exceeding the 25-day deadline from the WCJ's December 18, 2015 decision. Filing with the Board, not just mailing, within the statutory period is required for timeliness. The Board also noted that had the petition been timely, it would have been denied on the merits based on the WCJ's report.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed a petition for removal in Ortiz v. J Korean BBQ because it was untimely filed. The petition was submitted on January 25, 2016, exceeding the 25-day deadline from the WCJ's December 18, 2015 decision. Filing with the Board, not just mailing, within the statutory period is required for timeliness. The Board also noted that had the petition been timely, it would have been denied on the merits based on the WCJ's report.
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