WCPanelIQ
PanelDismissed

Marlene Faulkner — ADJ12535594

MARLENE FAULKNER, Applicant vs. HAYS COMPANIES, LLC; HARTFORD UNDERWRITERS INSURANCE COMPANY, Defendants

ADJ number
ADJ12535594
Decision date
Jun 14, 2021
District office
Pomona
WCJ
—
Claim administrator
Hartford Underwriters Insurance Company
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER
LC §5900LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615

Summary

The WCJ issued a Findings and Order on March 25, 2021, served by mail on applicant Marlene Faulkner at her California address. Applicant filed a Petition for Reconsideration on April 22, 2021. Because service was by mail to a California address, applicant had 25 days plus extension to the next business day—until Monday, April 19, 2021—to file. The petition filed April 22, 2021 was three days late. The Appeals Board held the time limit is jurisdictional and dismissed the petition as untimely, noting it would have denied it on the merits for the reasons in the WCJ's report 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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