Home/Case Law/RYAN SMYTHE vs. BJ'S RESTAURANTS, INC., GALLAGHER BASSETT SERVICES
Regular Decision

RYAN SMYTHE vs. BJ'S RESTAURANTS, INC., GALLAGHER BASSETT SERVICES

Filed: Jan 16, 2015
Long Beach
ADJ8017939

CompFox AI Summary

This case concerns a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition being untimely filed. Labor Code section 5903 establishes a strict 20-day filing deadline after service, with an additional five days for mailing. The applicant's petition was filed on November 24, 2014, which exceeded this jurisdictional deadline after the WCJ's order was served on October 24, 2014. Therefore, the Appeals Board lacked the authority to grant the late petition.

Full Decision Text1 Pages

This case concerns a petition for reconsideration that was dismissed by the Workers' Compensation Appeals Board. The dismissal was based on the petition being untimely filed. Labor Code section 5903 establishes a strict 20-day filing deadline after service, with an additional five days for mailing. The applicant's petition was filed on November 24, 2014, which exceeded this jurisdictional deadline after the WCJ's order was served on October 24, 2014. Therefore, the Appeals Board lacked the authority to grant the late petition.

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