How many days? (California)

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How many days? (California)

Postby Puzzled on Tue Aug 25, 2009 7:26 am

Recently I was approached with the following question: how many days between November 14 and December 4th for the purposes of filing a Recon (no holidays or furloughs involved)? Is the Recon timely if an order was filed on the first date and the Recon on the second?
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Re: How many days? (California)

Postby jpod on Tue Aug 25, 2009 7:35 am

Decemeber 4th is the 20th day after Nov 14th...that is not the same though as how many days there are BETWEEN Nov. 14 and Dec 4th. But I believe your question is really the former, not the latter.
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Re: How many days? (California)

Postby stewshe on Tue Aug 25, 2009 12:09 pm

Puzzled,

In addition to jpod's point, remember the Code of Civil Procedure §1013(a), dealing with service on a party in the State of Calif., allows 5 days for receipt of service by mail. Thus the time limit is 5 + 20 days for Reconsideration.

Therefore, assuming the Order or Award was filed and served by mail on 11/14/09, a recon filed on 12/4/09 would be timely.

P.S. for those who don't know, Code of Civil Procedure §1013(a) is in the "Labor Code Book," properly the Workers' Compensation Laws of California, in the "Misc. Provisions" which includes 18 or 20 other Codes. In the 2009 book, §1013 begins on page 547. The book contain a bunch more than "just" the Labor Code!

Actually, it contains only a small part of the Labor Code....it is exactly what its title states!
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Re: How many days? (California)

Postby steelmanlaw on Wed Aug 26, 2009 2:33 pm

though a little off point, a further qualification: "filed" means at the Board (as in file stamped), not put in the mail that day.

* * *

also, any Petition for Recon from any order/award can now be filed with any district office in the state irrespective of where the offending decision was made, or the Appeals Board in San Francisco, 9th floor (aka, the recon unit; 8 CCR § 10840, May 2009 Supplement to WC Laws of California.)

however, if you have a carve-out/ADR case with a decision by artibitration to be reconned, that can only be filed with the Appeals Board in San Francisco, 9th floor/Recon Unit, and not with any district office. (8 CCR § 10865(a).)
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