What the panel ordered
Petition for Reconsideration is dismissed as untimely.
Applicant petitioned for reconsideration of an Arbitrator's decision dated November 23, 2020; the petition was filed late.
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 for reconsideration was not filed within the 25-day statutory period following service of the Arbitrator's decision, and the time limit is jurisdictional.
From the decision · page 2In this case, the Arbitrator issued the decision on November 23, 2020, serving it by mail on applicant and applicant's counsel, Barkhordarian Law Firm. Based on the authority cited above, applicant had until Friday, December 18, 2020 to seek reconsideration in a timely manner. Applicant's Petition for Reconsideration is dated December 21, 2020. A proof of service shows that the Petition for Reconsideration was mailed to the Workers' Compensation Appeals Board on December 21, 2020 and it was filed in EAMS on January 5, 2021. Accordingly, applicant's Petition for Reconsideration is untimely and will be dismissed.