Southwest Airlines v. Workers' Compensation Appeals Board

Introduction

Petitioner Southwest Airlines (Southwest) seeks review of an opinion and order of respondent Workers’ Compensation Appeals Board (the Board) denying reconsideration of a ruling that Labor Code section 3600.5, subdivision (a), gives California jurisdiction over respondent Susan Beland’s workers’ compensation claim.

Beland contends that the petition for writ of review must be denied as untimely under section 5950 since it was filed 49 days after the denial of reconsideration. Southwest replies that the petition was timely because the time within which it could be filed was extended by five days pursuant to the provisions of Code of Civil Procedure section 1013, subdivision (a) (hereafter section 1013), regarding service by mail.

We hold that the time for filing a petition for writ of review of a Workers’ Compensation Appeals Board decision is not extended by the provisions of section 1013.

Factual and Procedural Background

Beland filed an application for adjudication of claim in 1988, alleging an injury to her back while “in flight” as a flight attendant for Southwest. On August 29, 1990, the workers’ compensation judge (the WCJ) issued his findings and…