WCPanelIQ
PanelDismissed

Villegas, Jose F.

JOSE F. VILLEGAS, Applicant vs. MARQUEZ BROTHERS INTERNATIONAL, INC.; TRAVELERS; MISSION FOODS; CNA adjusted by BROADSPIRE, Defendants

ADJ number
ADJ10837400
Decision date
Feb 1, 2024
District office
Fresno
WCJ
—
Claim administrator
Broadspire (TPA for CNA); Travelers
Commissioners
ANNE SCHMITZ, DEPUTY COMMISSIONER, JOSEPH V. CAPURRO, COMMISSIONER, JOSÉ H. RAZO, COMMISSIONER
LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

The WCJ issued Findings of Fact and Award on October 31, 2023. Applicant Jose F. Villegas filed a Petition for Reconsideration on December 4, 2023, beyond the 30-day jurisdictional deadline of November 30, 2023. The Appeals Board held that the petition was untimely and that the time limit is jurisdictional, depriving the Board of authority to consider the petition. The Board added that even if the petition had been timely, it would have denied it on the merits per the WCJ's report. The petition was dismissed, and the petitioner was admonished for citing an unpublished decision in violation of California Rules of Court, rule 8.1115(a).

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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