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)
A petition for reconsideration must be timely filed within the prescribed time limits, which are jurisdictional.
The Board treated the applicant's Objection as a timely Petition for Reconsideration because it was filed within 30 days from service of the dismissal order.
From the decision · page 3Preliminarily, with respect to the timeliness of the petition having been filed more than 25 days
after service of the Order Dismissing Case, we observe that there are 20 days allowed within which to
file a petition for reconsideration from a "final" decision plus 5 calendar days if a party 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.) In addition, if a party to be served is outside of
California but within the United States, the time in which to act is 10 calendar days from the date of
service, or 30 days total. (Cal. Code Regs., tit. 8, § 10605(a)(2).)
Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, § 10761; Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473
A WCJ must issue a decision with findings, a summary of evidence, and reasons for the determination, based on admitted evidence in the record.
The Board found the WCJ's dismissal order lacked findings, summary of evidence, and evidentiary record, violating these requirements.
From the decision · page 4The statutory and regulatory duties of a WCJ include the issuance of a decision that complies
with Labor Code section 5313. A WCJ is required to "make and file findings upon all facts involved
in the controversy and an award, order, or decision stating the determination as to the rights of the
parties. Together with the findings, decision, order or award there shall be served upon all the parties.
The endorsement to the proceedings a summary of the evidence received and relied upon and the
reasons or grounds upon which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code
Regs., tit. 8, § 10761; see also Blackledge v. Bank of America, ACE American Insurance Company
(Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en banc).)
Rucker v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151; Gangwish v. Workers' Comp. Appeals Bd. (2001) 89 Cal.App.4th 1284
Due process requires notice and opportunity to be heard before a decision affecting rights is made.
The Board held that the dismissal without hearing violated due process rights of the applicant.
From the decision · page 4Moreover, all parties to a workers' compensation proceeding retain the fundamental right
to due process and a fair hearing under both the California and United States Constitutions. (Rucker
v. Workers' Comp. Appeals Bd. (2000) 82 Cal.App.4th 151, 157-158 [65 Cal.Comp.Cases 805].)
A fair hearing is"... one of `the rudiments of fair play' assured to every litigant..." (Id., at p.