WCPanelIQ
PanelDismissed

Francisco Rosales — ADJ10750446

FRANCISCO ROSALES, Applicant vs. VIA BUILDERS; STARSTONE NATIONAL INSURANCE COMPANY, Defendants

ADJ number
ADJ10750446
Decision date
May 4, 2021
District office
San Francisco
WCJ
—
Claim administrator
StarStone National Insurance Company
Commissioners
MARGUERITE SWEENEY, COMMISSIONER, DEIDRA E. LOWE, COMMISSIONER, ANNE SCHMITZ, DEPUTY COMMISSIONER
LC §5900LC §5903CCR §10507CCR §10605CCR §10508CCR §10600CCR §10845CCR §10940CCR §10392CCR §10615

Summary

Applicant Francisco Rosales, appearing in pro per, filed a Petition for Reconsideration challenging the WCJ's decision dated February 4, 2021 and served by mail on February 5, 2021. The Appeals Board reviewed the petition, which was filed on March 8, 2021, more than 25 days after service of the decision. Because the statutory and regulatory time limit for filing is jurisdictional, the Board held it had no authority to consider the untimely petition. The petition was dismissed, though the Board noted it would have denied it on the merits for the reasons stated 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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