Opinion
1
KIMBERLY MARQUEZ, Applicant v. WM. BOLTHOUSE FARMS; PERMISSIBLY SELF-INSURED; ADMINISTERED BY INTERCARE, Defendants Nos. ADJ17627257, ADJ17627256, ADJ17627255 Workers' Compensation Appeals Board State of California April 3, 2024Marina Del Rey District Office
OPINION AND ORDER DISMISSING PETITION FOR REMOVAL
JOSEPH V. CAPURRO, COMMISSIONER.
We have considered the allegations of the Petition for Removal 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 will be dismissed.
There are 25 days allowed within which to file a petition for removal from a "non-final" decision that has been served by mail upon an address in California. (Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10955(a).) 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 removal 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, §§ 10615(b), 10940(a).)
The petition in this matter was filed on December 7, 2023. This was more than 25 days after petitioner's attorney's service on October 30, 2023 of the WCJ's October 27, 2023 decision, and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600.
Accordingly, we dismiss the Petition for Removal.
2
For the foregoing reasons, IT IS ORDERED that the Petition for Removal is DISMISSED.
WORKERS' COMPENSATION APPEALS BOARD
I CONCUR, ANNE SCHMITZ, DEPUTY COMMISSIONER, CRAIG SNELLINGS, COMMISSIONER.