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PanelDismissed

Jose Banda, Jr. — ADJ14111819, ADJ14111818

JOSE BANDA, JR., Applicant vs. BARON HR WEST; CLEAR SPRING PROPERTY AND CASUALTY COMPANY, Administered by CCMSI, Defendants

ADJ number: ADJ14111819, ADJ14111818
Decision date: Dec 19, 2021
District office: Los Angeles
WCJ: —
Claim administrator: CCMSI (administering for Clear Spring Property and Casualty Company)
Commissioners: JOSÉ H. RAZO, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5900LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615CCR §10269CCR §10215

Summary

Applicant Jose Banda, Jr. filed a Petition for Reconsideration and, alternatively, a Petition for Removal challenging a WCJ decision served by mail on September 21, 2021. The WCAB determined that with 25 days plus extension because the deadline fell on a weekend, petitioner had until Monday, October 18, 2021 to file. Because the petition was not filed until October 19, 2021, it was untimely. The Board held that the time limit for filing is jurisdictional, depriving it of 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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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.

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.