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PanelDismissed

Dela Cruz, Edward

EDWARD DELA CRUZ, Applicant vs. CALIFORNIA HIGHWAY PATROL; Legally Uninsured; administered by STATE COMPENSATION INSURANCE FUND, Defendants

ADJ number: ADJ14577699
Decision date: May 9, 2024
District office: San Francisco
WCJ: —
Claim administrator: State Compensation Insurance Fund (administering for California Highway Patrol, legally uninsured)
Commissioners: JOSEPH V. CAPURRO, COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER, LISA A. SUSSMAN, DEPUTY COMMISSIONER

LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Defendant California Highway Patrol (legally uninsured, administered by State Compensation Insurance Fund) sought reconsideration of a Joint Findings of Fact & Award issued February 16, 2024 by the WCJ. The Petition for Reconsideration was filed March 13, 2024, more than 25 days after the mailed service of the decision. The Appeals Board found the petition untimely and noted that the statutory time limit is jurisdictional, depriving the Board of authority to act on it. The Board dismissed the petition, while observing it would have denied the petition on the merits had it been timely.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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Similar decisions

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Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.

Full case search with summaries, PDFs, holdings, and filters is included with Member. This block is a decorative placeholder so the page layout is visible without exposing restricted text. Sign in or subscribe to Member to read the complete decision. The panel considered the record, the applicable statutes, and the arguments of the parties. Member is $25/month or $250/year and includes the weekly email digest, full case search, and bookmarks.