Rubio

We granted a petition for writ of review to consider an order of the Workers’ Compensation Appeals Board (Board) dismissing petitioner’s amended application for additional compensation based on the alleged serious and wilful misconduct of his employer, Pacific Telephone and Telegraph Company. Petitioner contends the Board acted unreasonably and in excess of its powers in dismissing his application as untimely. We agree and shall annul the Board’s decision.

Factual and Procedural Background

On May 29, 1980, petitioner Gregory Rubio filed an application for adjudication of claim with the Board arising out of an employment-related injury which occurred on April 16, 1980. On the application, petitioner specified as one of the contested issues, “serious and wilful misconduct by employer.” (Ibid.) However, petitioner did not set forth the specific factual basis of his claim with respect to this issue.

On June 22, 1980, Pacific Telephone’s attorney wrote to petitioner’s attorney advising he had received “an Application For Adjudication 80 SRO 28715 alleging serious and willful misconduct” and requesting “the nature and circumstances of this allegation so that we can affirm or…