Home/Case Law/RODRIGO ROJAS vs. ATTAI NDA MESSOU
Regular DecisionRegular Panel Decision

RODRIGO ROJAS vs. ATTAI NDA MESSOU

Filed: Jun 23, 2014
San Francisco
ADJ2344107

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely filed. The petitioner had actual notice of the Order Approving Compromise and Release by January 22, 2014, and the petition was not filed until April 28, 2014. Labor Code section 5903 mandates a 20-day filing window for such petitions, and exceeding this limit is a jurisdictional defect. Therefore, the Board lacked the authority to grant the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the petition for reconsideration because it was untimely filed. The petitioner had actual notice of the Order Approving Compromise and Release by January 22, 2014, and the petition was not filed until April 28, 2014. Labor Code section 5903 mandates a 20-day filing window for such petitions, and exceeding this limit is a jurisdictional defect. Therefore, the Board lacked the authority to grant the petition.

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RODRIGO ROJAS vs. ATTAI NDA MESSOU (2014) – San Francisco | CompFox