Subsequent Injuries Benefits Trust Fund, administered by The Director Of The Department Of Industrial Relations, Erik Spearman, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAERIK SPEARMAN,Applicant,vs.SUBSEQUENT INJURIES BENEFITS TRUST FUND, administered by THE DIRECTOR OF THE DEPARTMENT OF INDUSTRIAL RELATIONS,Defendants.Case No. ADJ7570196(Oakland 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. Based on our review of the record, the petition is untimely and must be dismissed. There are twenty-five 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)(1).) 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) 211 Cal.App.3d 1171, 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 Cal.Comp.Cases 73, 75-76].) , The petition in this matter was filed on February 24, 2017. This was more than
Erik Spearman, vs. Subsequent Injuries Benefits Trust Fund, Administered By The Director Of The Department Of Industrial Relations,
In this case, Erik Spearman, the applicant, filed a Petition for Reconsideration with the Workers' Compensation Appeals Board (WCAB) against the Subsequent Injuries Benefits Trust Fund, administered by The Director Of The Department Of Industrial Relations. The WCAB found that the petition was untimely and dismissed it. The WCAB noted that the petition must be filed within 25 days of the decision being served, and that proof of mailing is insufficient. The WCAB also noted that the time limit is jurisdictional and the WCAB has no authority to consider or act upon an untimely petition for reconsideration.
- Filed On:
- Court: California, Oakland
- Case No. ADJ7570196
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