National Kinney v. Workers' Compensation Appeals Board

Petitioner National Kinney of California (Kinney) contends that respondent Workers’ Compensation Appeals Board (Board) erred in that it computed respondent employee’s permanent disability based upon a higher occupational classification than that to which the employee was entitled. We affirm the Board’s decision.

I

Initially, respondent employee, Moisés Casillas, (hereinafter also applicant) asserts that the court is without jurisdiction to review this matter as Kinney’s petition for writ of review was not timely filed as it was initially filed by Kinney in the wrong appellate district and not transferred to the correct appellate district until after the period for filing a petition for writ of review had lapsed.

A petition for “writ of review must be made within 45 days after a petition for reconsideration is denied, or, if a petition is granted or if reconsideration is had on the appeal board’s own motion, within 45 days after the filing of the order, decision, or award following reconsideration.” (Lab. Code, § 5950.) Failure to file within the 45-day period provided by Labor Code section 5950 deprives the court of jurisdiction. (Litzmann v. Workmen’s Comp. App. Bd.…