News and Insights

Christopher Hulsey, vs. County Of Fresno; Permissibly Self- Insured; Administered By Risico,

County Of Fresno; Permissibly Self- Insured; administered by Risico, Christopher Hulsey, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACHRISTOPHER HULSEY,Applicant,vs.COUNTY OF FRESNO; Permissibly Self- Insured; administered by RISICO,Defendants.Case No. ADJ7043883(Fresno 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 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)(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) 201Cal.App.2d545, 549 [27 Cal.Comp.Cases 73, 75-76].)/// ,             In this case, the WCJ’s decision was issued on February 28, 2017. Based on the authority cited above, petitioner had until Monday, March 27, 2017 to file for reconsid

SUBSCRIBE NOW

Join our community and never miss an update. Stay connected with cutting-edge insights and valuable resources.

Recent Article

Recent Article

Leave a Comment

Your email address will not be published. Required fields are marked *