CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the Subsequent Injuries Benefits Trust Fund's (SIF) petition for reconsideration as untimely. The petition was filed on August 11, 2008, which was beyond the 25-day jurisdictional deadline for reconsideration after service by mail on July 14, 2008. The WCAB emphasized that filing is determined by the date of receipt, not mailing, and the petition was received by the San Jose district office three days after the deadline.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the Subsequent Injuries Benefits Trust Fund's (SIF) petition for reconsideration as untimely. The petition was filed on August 11, 2008, which was beyond the 25-day jurisdictional deadline for reconsideration after service by mail on July 14, 2008. The WCAB emphasized that filing is determined by the date of receipt, not mailing, and the petition was received by the San Jose district office three days after the deadline.
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