Opinion
Santa Ana District Office
OPINION AND ORDER DISMISSING PETITION FOR RECONSIDERATION
CRAIG SNELLINGS, COMMISSIONER
We have considered the allegations of the Petition for Reconsideration and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, the petition is untimely and must be dismissed.
There are 25 days allowed within which to file a petition for reconsideration from a "final" decision that has been served by mail upon an address in California. (Lab. Code, §§ 5900(a), 5903; Cal. Code Regs., tit. 8, § 10605(a)(1).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for reconsideration must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10940(a), § 10615(b).)
This time limit is jurisdictional and, therefore, the Appeals Board has no authority to consider or act upon an untimely petition for reconsideration. (Maranian v. Workers' Comp. AppealsBd. (2000) 81 Cal.App.4th 1068, 1076 [65 Cal.Comp.Cases 650]; Rymer v. Hagler (1989) 211 Cal.App.3d 1171, 1182; Scott v. Workers' Comp. Appeals Bd. (1981) 122 Cal.App.3d 979, 984 [46 Cal.Comp.Cases 1008]; U.S. Pipe & Foundry Co. v. Industrial Ace. Com. (Hinojoza) (1962) 201 Cal.App.2d 545, 549 [27 Cal.Comp.Cases 73].)
In this case, the WCJ issued the Findings, Award, and Order on December 15, 2021. Based on the authority cited above, applicant had until Monday, January 10, 2022 to file a timely Petition for Reconsideration. Therefore, the Petition for Reconsideration filed on January 20, 2022 is untimely and must be dismissed.
If the petition had been timely, we would have denied it on the merits.
Finally, we admonish applicant's attorney for filing a skeletal Petition for Reconsideration. In the future, such action may be interpreted as a bad faith action or tactic that is frivolous or solely intended to cause unnecessary delay leading to the imposition of sanctions. (Cal. Code Regs., tit. 8, §10421.)
For the foregoing reasons,
IT IS ORDERED that the Petition for Reconsideration is DISMISSED.
I CONCUR,
ANNE SCHMITZ, DEPUTY COMMISSIONER
JOSé H. RAZO, COMMISSIONER
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
JOSE GUADALUPE LOPEZ
REZAI & ASSOCIATES
ATTAR & JAMOO
PAG//JC