Saul Vargas vs. Duo Max Enterprises, Inc. Amtrust On Behalf Of Technology Insurance Company

In this case, Saul Vargas filed a petition for reconsideration against Duo Max Enterprises, Inc. and Amtrust on behalf of Technology Insurance Company. The Workers' Compensation Appeals Board dismissed the petition as it was untimely. The petition was filed more than 25 days after the service of the WCJ's October 20, 2015 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10508.

Duo Max Enterprises, Inc. Amtrust on behalf of Technology Insurance Company Saul Vargas WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASAUL VARGAS, Applicant,vs.DUO MAX ENTERPRISES, INC. AMTRUST on behalf of TECHNOLOGY INSURANCECOMPANY, Defendants.Case No. ADJ9455826(Pomona District Office)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)(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) 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]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73, 75-76].)I I I ,             The petition in this matter was filed on November 17, 2015. This was more than 25 days after the service of the WCJ’s October 20, 2015 decision and beyond whatev

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