What the panel ordered
Petition for reconsideration dismissed as untimely.
Petition for reconsideration filed by lien claimant Monrovia Memorial Hospital was dismissed as untimely and therefore not considered on the merits.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petition was filed more than 25 days after the WCJ's decision and was therefore untimely, depriving the Appeals Board of jurisdiction to consider it.
From the decision · page 2We received an Answer from defendant Cypress Insurance Company. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. We have considered the allegations of the Petition and the contents of the Report of the 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, § 10605(a)(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, § 10600.) 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, § 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The petition for reconsideration was filed on May 13, 2024, more than 25 days after the WCJ's April 12, 2024 decision.
Favours Defendant prevailed
This filing date was beyond the allowed 25-day period for filing a petition for reconsideration, making the petition untimely and depriving the Appeals Board of jurisdiction to consider it.
From the decision · page 2(Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; 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]; U.S. Pipe & Foundry Co. v. Industrial Acc. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].) The petition in this matter was filed on May 13, 2024. This was more than 25 days after the service of the WCJ's April 12, 2024 decision and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600. Therefore, the Petition for Reconsideration is untimely and subject to dismissal. If the petition had been timely, we would have denied it on the merits for the reasons stated in the WCJ's report.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1); Cal. Code Regs., tit. 8, § 10600; Cal. Code Regs., tit. 8, § 10940(a), 10615(b)
There are 25 days allowed within which to file a petition for reconsideration from a final decision served by mail in California; the petition must be received by the WCAB within that time, not merely mailed.
The petition was filed more than 25 days after the WCJ's April 12, 2024 decision and was therefore untimely and subject to dismissal.
From the decision · page 2We received an Answer from defendant Cypress Insurance Company. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. We have considered the allegations of the Petition and the contents of the Report of the 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, § 10605(a)(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, § 10600.) 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, § 10940(a), 10615(b).) This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration.
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About this page
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