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Regular DecisionRegular Panel Decision

MON'TIE EMERY vs. TRINITY HOSPITAL

Filed: Feb 29, 2016
San Francisco
ADJ1 503071 (RDG 0073273)

CompFox AI Summary

This case concerns a petition for reconsideration filed by Montie Emery against Trinity Hospital. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB clarified that a petition for reconsideration must be received by the Board within 25 days of the decision's service, not just mailed. Since the petition was filed over 25 days after the Administrative Law Judge's decision, the WCAB lacked jurisdiction to consider it.

Full Decision Text1 Pages

This case concerns a petition for reconsideration filed by Montie Emery against Trinity Hospital. The Workers' Compensation Appeals Board (WCAB) dismissed the petition as untimely. The WCAB clarified that a petition for reconsideration must be received by the Board within 25 days of the decision's service, not just mailed. Since the petition was filed over 25 days after the Administrative Law Judge's decision, the WCAB lacked jurisdiction to consider it.

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MON'TIE EMERY vs. TRINITY HOSPITAL (2016) – San Francisco | CompFox