WCPanelIQ
PanelDismissed

John Michael Gutierrez — ADJ10121279

JOHN MICHAEL GUTIERREZ, Applicant vs. MISSION LINEN SUPPLY; SAFETY NATIONAL CASUALTY CORP., administered by BROADSPIRE, Defendants

ADJ number
ADJ10121279
Decision date
Sep 5, 2022
District office
Santa Barbara District Office
WCJ
—
Claim administrator
Broadspire (administering for Safety National Casualty Corp.)
Commissioners
—
LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615

Summary

Applicant John Michael Gutierrez filed a Petition for Reconsideration challenging a WCJ decision. The WCJ's underlying decision was dated February 22, 2019, but the petition was not filed until July 5, 2022. The WCAB found the petition untimely because it was filed far beyond the 25-day jurisdictional period allowed under Labor Code sections 5900(a) and 5903. Because the time limit is jurisdictional, the Board held it had no authority to consider the petition and dismissed it.

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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