WCPanelIQ
PanelDismissed

Navia, Carlos

CARLOS NAVIA, Applicant vs. BRAD’S RESTAURANT; NATIONAL CASUALTY COMPANY, administered by ILLINOIS MIDWEST INSURANCE COMPANY, Defendants

ADJ number
ADJ18181493
Decision date
Oct 13, 2025
District office
Santa Barbara
WCJ
—
Claim administrator
Illinois Midwest Insurance Company (administering National Casualty Company)
Commissioners
KATHERINE WILLIAMS DODD, COMMISSIONER, CRAIG L. SNELLINGS, COMMISSIONER, KATHERINE A. ZALEWSKI, CHAIR
LC §5900LC §5903CCR §10605CCR §10600CCR §10940CCR §10615CCR §10269CCR §10215

Summary

The WCJ's decision was served by mail on July 11, 2025, giving the petitioner until August 5, 2025 to file a timely petition for reconsideration. Defendant filed its Petition for Reconsideration via EAMS on August 5, 2025 at 6:32 p.m., after the 5:00 p.m. court-day cutoff. Under CCR section 10615(b), a petition received after 5:00 p.m. is deemed filed the next court day, making the filing deemed filed August 6, 2025—one day late. Because the 25-day statutory time limit is jurisdictional, the Board had no authority to consider the petition and dismissed it. The Board noted that even if the petition had been timely, it would have denied it on the merits for the reasons stated in the WCJ's Report.

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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