What the panel ordered
Petition for Reconsideration dismissed as untimely.
Petition for Reconsideration filed May 8, 2025, after the WCJ's January 30, 2025 Order dismissing Petitions to Reopen; petition found untimely and dismissed.
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 order and beyond any allowed extension, making it untimely and subject to dismissal.
From the decision · page 3The petition in this matter was filed on May 8, 2025. This was more than 25 days after the service of the WCJ's January 30, 2025 Order and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600. Therefore, the petition is dismissed as untimely as it was filed later than the date it was due.
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 8, 2025, more than 25 days after the WCJ's January 30, 2025 Order dismissing Petitions to Reopen.
Favours Defendant prevailed
This filing date exceeded the jurisdictional time limit for filing a petition for reconsideration, leading to dismissal.
From the decision · page 3The petition in this matter was filed on May 8, 2025. This was more than 25 days after the service of the WCJ's January 30, 2025 Order and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600. Therefore, the petition is dismissed as untimely as it was filed later than the date it was due.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909; Labor Code sections 5900, 5903; California Code of Regulations, title 8, sections 10600, 10605, 10940, 10615
A petition for reconsideration must be filed within 25 days of service of the final decision, and the Appeals Board must act within 60 days of transmission of the case to the Appeals Board.
The petition was filed after the 25-day period and the Appeals Board dismissed it as untimely.
From the decision · page 2II. 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. (Maranian v. Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989)
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About this page
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