Scott Pontiac GMC v. WCAB (Olsen)
Following reversal by the Workers Compensation Appeals Board of a favorable decision from the Workers Compensation Administrative Law Judge (WCALJ), petitioner Scott Pontiac GMC filed a petition for reconsideration of that decision via a messenger service on the last possible day for filing. The messenger filed the petition at the correct address but on the wrong floor. The reconsideration unit known as the Workers Compensation Appeals Board (WCAB) is located on the ninth floor. The San Francisco District Office of the Department of Workers Compensation is located on the first floor. The Board did not receive the petition for seven days. The Board dismissed the petition as untimely pursuant to Title 8, California Code of Regulations, section 10840.
Scott Pontiac GMC petitioned this court for a writ of review. (Lab. Code, 5950.) Court hold the petition was timely filed pursuant to Labor Code sections 5900 and 5911.
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