Luz Valenzuela vs. Aramark Uniform & Career Apparel; Sedgwick

In this case, the Workers' Compensation Appeals Board dismissed the Petition for Reconsideration filed by Luz Valenzuela against Aramark Uniform & Career Apparel and Sedgwick. The petition was found to be untimely, as it was filed more than 25 days after the service of the WCJ's decision and beyond any extension of time that the petitioner might have been entitled to. The time limit for filing a petition for reconsideration is jurisdictional, and the Appeals Board has no authority to consider or act upon an untimely petition.

Aramark Uniform & Career Apparel; Sedgwick Luz Valenzuela WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA                LUZ VALENZUELA, Applicant,    vs.    ARAMARK UNIFORM & CAREER APPAREL; SEDGWICK, Defendants.        Case No. ADJ2501766 (VNO 0561805) / ADJ3267577 (VNO 0561807)                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 administrativelaw judge (WCJ) with respect thereto. 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 addressin California. (Lab. Code, §§ 5900(a), 5903; Cal.    Code Regs., tit. 8, § 10507(a)(l).) This time limit is extended to the next business day ifthe 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    Cal.Comp.Cases 73, 75-76].)/ / // / / ,  The petition in this matter was filed on April 14, 2015. This was more than 25 days after the    service of the WCJ’s March 18, 2015 decision andbeyond whatever exten

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