What the panel ordered
Petition for Reconsideration is dismissed as untimely.
Petition for Reconsideration of an Order Dismissing Lien; Board reviewed the petition and WCJ report.
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.
Petition for Reconsideration was filed after the statutory deadline, even accounting for possible defective service and tolling due to Board error.
From the decision · page 2In this case, the WCJ issued the Order Dismissing Lien (Order) on July 21, 2022, designating defense counsel to serve the order pursuant to WCAB 10629. Defense counsel served the Order on petitioner on July 27, 2022. Based on the authority cited above, petitioner had until Monday, August 21, 2022 or, if the time to file is extended by 10 days, until Friday, August 26, 2022 to seek reconsideration in a timely manner. Even if we were to consider service defective, and calculate the time to file the Petition for Reconsideration based on date petitioner received the Order, it would still be untimely. Where the service of a decision is defective, the 20-day statutory time period for filing a petition for reconsideration begins to run when the decision is actually received. (See Hartford Acc. & Indem. Co. v. Worker's Comp. Appeals Bd. (Phillips) (1978) 86 Cal.App.3d 1, 3 [43 Cal.Comp.Cases 1193], Baker v. Worker's Comp. Appeals Bd. (2004) 69 Cal.Comp.Cases 1315, 1318 (writ den.).) In this matter, petitioner asserted that it received the order on August 9, 2022. The record here shows that petitioner filed its petition on August 30, 2022, making it untimely and subject to dismissal.