Alanis Towing; Travelers Property Casualty Company Of America, Donald Flick, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADONALD FLICK,Applicant,vs.ALANIS TOWING; TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA,Defendants.Case No. ADJ10242216(Santa Ana District Office)OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. In addition, pursuant to our authority under Appeals Board Rule 10848, we accept applicant’s supplemental pleading consisting of the Declaration of Petitioner Jeffery Klein dated March 6, 2017. (Cal. Code Regs., tit. 8, § 10848.) Based on our review of the record, the petition is untimely and must be dismissed. There are 25 days allowed within which to file a petition for reconsideration from a “final” decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10507(a)(l).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10508.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, §§ 10845(a), 10392(a).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650, 656]; Rymer v. Hagler (1989) 211Cal.App.3d1171, 1182; Scott v Workers’ Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008, , 1011]; US. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27
Donald Flick, vs. Alanis Towing; Travelers Property Casualty Company Of America,
is a case involving Donald Flick and Alanis Towing and Travelers Property Casualty Company of America. The Petition for Reconsideration was filed after the 25 day time limit, making it untimely. The Workers' Compensation Appeals Board had no authority to consider or act upon an untimely petition for reconsideration, and the Petition for Reconsideration was dismissed.
- Filed On:
- Court: California, Santa Ana
- Case No. ADJ10242216
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.