Sonia Rodriguez vs. Palm Springs Unified School District, Permissibly Self-insured; Administered By Keenan & Associates

In this case, the Workers' Compensation Appeals Board dismissed and denied the Petition for Reconsideration of the Findings and Order issued on September 19, 2019 and the Order to Pay Costs issued on October 29, 2019. The petition was found to be untimely as it was filed more than 25 days after the service of the WCJ's September 19, 2019 decision. The Board noted that it is the responsibility of the petitioner's representative to monitor their designated method of service.

Palm Springs Unified School District, Permissibly Self-Insured; administered by Keenan & Associates Sonia Rodriguez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASONIA RODRIGUEZ, Applicant,vs.PALM SPRINGS UNIFIED SCHOOL DISTRICT, Permissibly Self-Insured ; administered by KEENAN & ASSOCIATES, Defendants.Case No. ADJ8252953OPINION AND ORDER DISMISSING AND DENYING PETITION FOR RECONSIDERATION            We have considered the allegations of the Petition for Reconsideration of the Findings and Order issued on September 19, 2019 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 with respect to this decision 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)(l1).)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 reconsidcratiX 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, 656J; 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. 1 The Appeals Board has adopted new rules of practice and procedure, which became effective January 1.2020. The citations in this decision arc to the former rule numbers in effect at th

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