CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed defendant West Living, Inc.'s petition for reconsideration. The petition was filed more than 25 days after the August 3, 2017, Findings and Award, making it untimely. While the WCAB's delay in acting on the petition was due to a misplaced file, this tolling period did not cure the fundamental untimeliness of the filing. Therefore, the WCAB lacked jurisdiction to consider the merits of the defendant's argument regarding lawful, non-discriminatory actions as a cause of the applicant's psyche injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed defendant West Living, Inc.'s petition for reconsideration. The petition was filed more than 25 days after the August 3, 2017, Findings and Award, making it untimely. While the WCAB's delay in acting on the petition was due to a misplaced file, this tolling period did not cure the fundamental untimeliness of the filing. Therefore, the WCAB lacked jurisdiction to consider the merits of the defendant's argument regarding lawful, non-discriminatory actions as a cause of the applicant's psyche injury.
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