Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, former § 10507(a)(1), now § 10605(a)(1)
25 days allowed to file a petition for reconsideration from a final decision served by mail in California.
The petition was filed after the 25-day deadline, thus untimely.
From the decision · page 1There 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, former § 10507(a)(1), now § 10605(a)(1) (eff. Jan. 1, 2020).) 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, former § 10508, now § 10600 (eff. Jan. 1, 2020).) 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, former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1,
2020).) In addition, a Petition for Reconsideration filed via EAMS1 is deemed filed on the date
received by the Appeals Board if it is received prior to 5:00 p.m. on a court day. (Cal. Code Regs.,
Cal. Code Regs., tit. 8, former § 10508, now § 10600
Time limit extended to next business day if deadline falls on weekend or holiday.
The deadline was extended to the next business day, making the last timely day October 18, 2021.
From the decision · page 1There 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, former § 10507(a)(1), now § 10605(a)(1) (eff. Jan. 1, 2020).) 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, former § 10508, now § 10600 (eff. Jan. 1, 2020).) 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, former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1,
2020).) In addition, a Petition for Reconsideration filed via EAMS1 is deemed filed on the date
received by the Appeals Board if it is received prior to 5:00 p.m. on a court day. (Cal. Code Regs.,
Cal. Code Regs., tit. 8, former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b)
Petition must be received by WCAB within allowed time; mailing proof insufficient.
The petition was filed on October 19, 2021, one day late, thus untimely.
From the decision · page 1There 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, former § 10507(a)(1), now § 10605(a)(1) (eff. Jan. 1, 2020).) 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, former § 10508, now § 10600 (eff. Jan. 1, 2020).) 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, former § 10845(a), now § 10940(a); former § 10392(a), now § 10615(b) (eff. Jan. 1,
2020).) In addition, a Petition for Reconsideration filed via EAMS1 is deemed filed on the date
received by the Appeals Board if it is received prior to 5:00 p.m. on a court day. (Cal. Code Regs.,
Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076
The time limit for filing a petition for reconsideration is jurisdictional; untimely petitions cannot be considered.
The untimely filing deprived the Appeals Board of jurisdiction to consider the petition.
From the decision · page 2This 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]; 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].)