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PanelDismissed

Paul Pronovost — ADJ10183206

PAUL PRONOVOST, Applicant vs. JJJ FLOORING; INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, Defendants

ADJ number: ADJ10183206
Decision date: May 27, 2021
District office: Sacramento
WCJ: —
Claim administrator: Insurance Company of the State of Pennsylvania (AIG Claims)
Commissioners: MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER

LC §5900LC §5903LC §5803CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615

Summary

Defendant filed a Petition for Reconsideration challenging the WCJ's February 8, 2021 decision. The petition was not filed until March 29, 2021, well beyond the 25-day jurisdictional period allowed under Labor Code sections 5900(a) and 5903. The Appeals Board found the petition untimely and held it lacked authority to consider an untimely petition because the filing deadline is jurisdictional. The Board dismissed the petition and returned the matter to the trial level so the WCJ could set a hearing on defendant's motion to set aside the Order Approving the Compromise & Release pursuant to the Board's continuing jurisdiction under Labor Code section 5803.

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.