Furlough Fridays and Recon deadline (California)

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Furlough Fridays and Recon deadline (California)

Postby Puzzled on Sun Apr 26, 2009 10:04 am

If the deadline to file a Recon in person falls on a furlough Friday, when is the effective deadline? I would appreciate authority in your answers.
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Re: Furlough Fridays and Recon deadline (California)

Postby chirple on Sun Apr 26, 2009 6:42 pm

FROM THE DWC WEBSITE - NEWSLINE

Newsline No. 13-09 Printer friendly
February 5, 2009


DWC Offices will be closed on furlough days

Governor Schwarzenegger’s Executive Order S16-08, issued Dec. 19, 2008, requires the Division of Workers’ Compensation to close its offices the first and third Friday of every month, beginning on Feb. 6, 2009, and ending on June 30, 2010. In light of this order, legal documents that would otherwise be due on a furlough day will not be due until the next open business day (normally the next Monday, but Tuesday if the Monday is a holiday).
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Re: Furlough Fridays and Recon deadline (California)

Postby Puzzled on Sun Apr 26, 2009 8:14 pm

Thanks a bunch, chirple.

Also, I’ve been told that Recons can now be filed at any office of the WCAB. Is that true?
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Re: Furlough Fridays and Recon deadline (California)

Postby steelmanlaw on Mon Apr 27, 2009 10:12 am

Chirple, unfortunately not.

Admin Rule 8 CCR § 10840 is controlling. Under this rule, a petition for recon filed from a decision issued by a trial judge or otherwise from a district office "shall" be filed with that district office from whence the decision was issued. The rule specifically states that, "[p]etitions . . . received in any [other] district office . . . shall neither be accepted for filing nor deemed filed for any purpose." (Also, note that if you are filing for reconsideration for a decision not at the trial level but from the the Appeals Board in San Francisco [aka, recon unit], the recon shall only be filed there - not at the SFO district office on the second floor, rather the Appeals Board office; I believe on the 9th floor of the same building.)

So, quite the opposite is true and you have to take care where you file. To synopsize, in either event (whether from a decision issued at the district office, or of the Appeals Board), file at the location from whence the decision issued.
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Re: Furlough Fridays and Recon deadline (California)

Postby Puzzled on Tue Apr 28, 2009 2:10 pm

I found this:

§10840. Filing Petitions for Reconsideration, Removal, and Disqualification and Answers.

(a) Except as provided in sections 10865 and 10953, petitions for reconsideration, removal, or disqualification and answers thereto may be filed with any district office of the Workers' Compensation Appeals Board or with the office of the Appeals Board in San Francisco. Duplicate copies of petitions filed with a district office shall not also be filed with any other district office or with the Appeals Board in San Francisco.


Does it change anything?
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Re: Furlough Fridays and Recon deadline (California)

Postby stewshe@comcast.net on Tue Apr 28, 2009 3:14 pm

Puzzled,

The reg you cited was amended 11/17/08 with the prior version applicable since 1/1/94.

The new version, section (a) you cite, is followed by (b) and it in turn has two sub-sections, (a) and (b) respectfully, to just try and confuse those of us in the trenches!

The sub-sections deal with EAMS filings....so go figure!

Murphy's law in action: If anything can go wrong, it will, and probably already has.
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
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Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
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Re: Furlough Fridays and Recon deadline (California)

Postby rider001 on Tue Apr 28, 2009 4:15 pm

It seems to me that a judge cleared the way for fourloughs. Since they are not mandatory but voluntary i would make the times lines in place.

http://www.workcompcentral.com/1/news/n ... 3&state=CA
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Re: Furlough Fridays and Recon deadline (California)

Postby stewshe@comcast.net on Wed Apr 29, 2009 4:57 am

rider001,

Chirple posted, "Governor Schwarzenegger’s Executive Order S16-08, issued Dec. 19, 2008, requires the Division of Workers’ Compensation to close its offices the first and third Friday of every month..."

I believe the governor has the power to declare holidays for state employees.

The following comes from my Work Comp Index, 7th ed., under "Statute of Limitations," page 783,

<<
• Holidays not counted when last day to file falls upon: Civ.Pro §12
>>

I'll add a separate entry for the summer 2010 edition for "Holidays," which I just noticed is needed, however, a similar or identical entry is listed under:

"Appeal," page 30;
"Filing and Serving," page 325;
"Five Days," page 331;
"Mileage," {caclulating time frame to make reimbursement for}, page 509;
"Notice, Employee's duty to give," page 518; and
"Reconsideration, Petition for," pge 576.

This "intentional redundancy" inceases the odds a reader will find what they want the first place they look rather than the third or fourth. Also, I repeat a shrot entry rather than sending the reader to another page.
Stew (James T. Stewart)
Author: Work Comp Index, 7th ed., 912 pgs; next ed. summer, 2010.
[Ask about discounts now available!]
Tables & Schedules in "The Labor Code Book," by LexisNexis/Matthew Bender
Ph/Fax 559-291-3238
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Re: Furlough Fridays and Recon deadline (California)

Postby jpod on Wed Apr 29, 2009 7:01 am

I have an attorney freind who works for the DIR and he was instructed that under no circumstances could they do any work for the depratment on the Fridays they are furloughed. They could come in on Saturday and work, or Sunday, but not on their designated Friday.

That might be silly, but it is not voluntary.
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Re: Furlough Fridays and Recon deadline (California)

Postby Puzzled on Wed Apr 29, 2009 7:36 am

Any definitive word on whether recons can now be filed at any office of the WCAB or not?
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