CompFox AI Summary
This case involves Biocare RX Specialty Pharmacy's untimely petition for reconsideration of an order disallowing their lien claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed on October 31, 2011, well past the jurisdictional deadline of twenty-five days from the August 11, 2011 service of the original order. The WCAB emphasized that petitions for reconsideration are deemed filed upon receipt, not mailing, and that the time limit is jurisdictional. Therefore, the WCAB lacked the power to grant the untimely petition.
Full Decision Text1 Pages
This case involves Biocare RX Specialty Pharmacy's untimely petition for reconsideration of an order disallowing their lien claim. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was filed on October 31, 2011, well past the jurisdictional deadline of twenty-five days from the August 11, 2011 service of the original order. The WCAB emphasized that petitions for reconsideration are deemed filed upon receipt, not mailing, and that the time limit is jurisdictional. Therefore, the WCAB lacked the power to grant the untimely petition.
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