What the panel ordered
Petition for Reconsideration is dismissed as untimely.
Applicant filed a Petition for Reconsideration on June 24, 2021, which was treated with a supplemental pleading; the Board reviewed the petition and the WCJ's 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.
The petition was filed after the 25-day statutory period for reconsideration had expired, making it untimely and depriving the Board of jurisdiction.
From the decision · page 2In this case, the WCJ issued the decision on May 28, 2021. Based on the authority, cited above, applicant had until Tuesday, June 22, 2021 to file a timely Petition for Reconsideration. Therefore, the Petition for Reconsideration filed on June 24, 2021 is untimely and must be dismissed. As noted above, it is not sufficient for applicant have mailed the Petition for Reconsideration on June 22, 2021. Rather, it needed to have been filed by June 22, 2021. This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration.