Cavanaugh

Cavanaugh v. Workmen's Compensation Appeals Board

Good Law
1967 Cal. App. LEXIS 1257·255 Cal. App. 2d 181·62 Cal. Rptr. 871·32 Cal. Comp. Cases 445
Court of Appeal of CaliforniaOctober 18, 1967Civ. No. 8782California387 words

Opinion

Lead Opinion

Browngerald, J.

The Workmen’s Compensation Appeals Board filed an order March 9, 1967, in its Santa Ana office, denying.George Cavanaugh’s petition for-eommu *178 tation. Proof of service complied with the board’s Rules of Practice and Procedure, section 10520, title 8, California Administrative Code, 1 with the following notation on the order: ‘1 Served By Mail On Persons Shown On The Official Address Record 3-9-67 O. S. Burton /s/ O.S. Burton”.

Petitioner received the order in Santa Ana, but he does not, or cannot tell us when. Respondents, apart from the board, received the order in Santa Ana on March 10, 1967. The referee’s opinion on the Petition for Reconsideration found the order was served on the parties on March 9, 1967.

Under Labor Code, section 5903, a party may petition for reconsideration within 20 days after service of a final order. Petitioner filed his petition for reconsideration on April 6, 1967. The board determined he. filed it too late. The board is correct if Labor Code, section 5903’s 20 days are measured from March 9,1967.

Petitioner relies upon Taylor v. Industrial Acc. Com., 216 Cal.App.2d 466 [ 30 Cal.Rptr. 877 ], in which the court held a notice for reconsideration…

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