DENNY’S RESTAURANT; and GALLAGHER BASSETT SERVICES, INC., SERGIO PATRON, WORKERS-COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASERGIO PATRON,, Applicant,vs.DENNY’S RESTAURANT; and GALLAGHER BASSETT SERVICES, INC., Defendants,Case No. AHM 0138965OPINION AND ORDERDISMISSING PETITIONFOR RECONSIDERATION Applicant, Sergio Patron, has filed a petition seeking reconsideration of the Findings and Order issued by the workers’ compensation administLtive law judge (WCJ) on May 29, 2007. We will dismiss applicant’s petition for reconsideration as untimely.Ordinarily, a party has twenty-five days 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, 5316; Code Civ. Proc., § 1013; Cal. Code Regs., tit. 8, § 10507.) Where, however, the twenty-fifth day falls on a weekend or holiday, the petition properly may be filed on the next business day. (Govt. Code, §§ 6707, 6700, 6701. 6706; c/., Code Civ. Proc., $§ 10. 12- 12b; Alford v. Industrial Acc. Com. (1946) 28 Cal.2d 198 ill Cal.Comp.Cases 127,128].) These time limits are jurisdictional and. therefore, the Appeals Board has no authority to consider or act upon an untimely filed petition for reconsideration. (Maranian v. Workers’ Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 165 Cal.Comp.Cases 650, 656); Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scon 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. 548 [27 Cal.Comp.Cases 73,75-76].) , Here, the WCJ’s Findings and Order was served by mail on applicant’s attorney on May 29, 2007. (See Cal. Code Rejs., tit. 8, § 10510 (when party or lien claimant is represented, WCAB decision is to be served on the representative].) Twenty-five days after that date was Saturday. June 23, 2007. Therefore, appl
SERGIO PATRON, vs. DENNY’S RESTAURANT; And GALLAGHER BASSETT SERVICES, INC.,
In this case, Sergio Patron filed a petition for reconsideration of the Findings and Order issued by the workers' compensation administrative law judge (WCJ) on May 29, 2007. The petition was dismissed as untimely, as it was not filed within 25 days of the WCJ's decision, which was served by mail on applicant's attorney. The petition also asserted that he had 30 days within which to file in his petition for reconsideration based on Labor Code section 6614(a) and Cal. Code Regs., tit. 8, § 348, however, this statute and rule pertain to the Occupational Safety and Health Appeals Board, and not the Workers' Compensation Appeals Board. Therefore, the petition was dismissed.
- Filed On:
- Court: Anaheim, California
- Case No. AHM0138965
To continue reading ... start a FREE Trial for 10 days
Discover the cases you didn’t know you were missing!
Copyright © 2023 - CompFox Inc.